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A CORNER IN THE KITCHEN OF THE PARSON CAPEN HOUSE
SHOWING THE SEVENTEENTH CENTURY DRESSER

THE

HISTORICAL

COLLECTIONS

OF THE

TOPSFIELD HISTORICAL SOCIETY

VOLUME XXVII

1922

TOPSFIELD MASS.
PUBLISHED BY THE SOCIETY
1923

GEORGE FRANCIS DOW

Editor

THE PERKINS PRESS

CONTENTS

CORNER IN THE KITCHEN OF THE CAPEN HOUSE - Frontispiece

OFFICERS OF THE SOCIETY, 1921 iv

ANNUAL REPORT OF THE SECRETARY FOR THE YEAR ENDING

DEC. 31, 1921 V

ANNUAL REPORT OF THE TREASURER FOR THE YEAR ENDING

DEC. 31, 1921 vii

ANNUAL REPORT ON THE BUILDING FUND - . . - viii

THE TRIAL OF WILLIAM BEALS AND CHARLES G. GREENE,

FOR AN ALLEGED LIBEL ON ALFRED W. PIKE, PRECEPTOR

OF THE TOPSFIELD ACADEMY 1

ESSEX COUNTY QUARTERLY COURT RECORDS RELATING TO

TOPSFIELD (1672-1679), ABSTRACTED BY GEORGE FRANCIS

DOW - - 49

NEWSPAPER ITEMS RELATING TO TOPSFIELD, COPIED BY

GEORGE FRANCIS DOW 97

TOPSFIELD VITAL STATISTICS, 1921 141

CHRONOLOGY OF EVENTS, 1921 144

BUILDINGS CONSTRUCTED, 1921 144

OFFICERS

OF THE

TOPSFIELD HISTORICAL SOCIETY
1921

President

Charles Joel Peabody

Vice-President

Thomas Emerson Proctor

Secretary and Treasurer

George Francis Dow

Curator

Albert M. Dodge

Board of Directors

Charles Joel Peabody, ex-officio
Thomas Emerson Proctor, ex-officio
George Francis Dow, ex-officio
W. Pitman Gould
Isaac H. Sawyer
Leone P. Welch
Arthur H. Wellman

ANNUAL REPORT OF THE SECRETARY

OF THE

TOPSFIELD HISTORICAL SOCIETY
FOR THE YEAR ENDING DeC. 31, 1921.

The membership of the Society on December 31, 1921, was 224.
Four new members have been added, and seven have died, viz :
George L. Gould who joined the Society in 1895, Mrs. Mary J. Dodge
and Andrew Nichols of Danvers, elected in 1896, Fitzroy Kelly of
Boston, elected in 1899, Senator George Peabody Wetmore of New-
port, R. L, elected in 1907, George Harlan Lewis of Los Angeles,
Calif., elected in 1915, and Mrs. Marion W. Pentecost, elected in
1917.

Mr. Sheahan continues as custodian of the Parson Capen House
and during the year has received many visitors interested in Colonial
architecture. No additions have been made to the furnishings but
an early type bed is greatly needed for the parlor and in the absence
of an available original a faithful reproduction seems our only re-
course.

Another installment of one hundred dollars has been paid on the
Capen House note held by Mrs. Newhall and it is hoped that the
coming year may make possible a further payment.

Historical Collections, Volume XXVI has been published, the new
face of type and the wider measure of the page and margins making
it a dignified and handsome volume and a credit to the Society.

At the regular meetings papers were read or addresses made by
Mr. Sargent H. Wellman on "The French and their life,” by Mrs.
Alice G. Dow on "A Grandfather’s Home — Wakefield, N. H. about
1840,” and by the Secretary on "The Birthplace of Rufus Choate and
its recent Restoration” and also on "Men’s Blue Frocks of the Olden
Time.” On May 11th a free public lecture was given in the Town
Hall, under the auspices of the Society, by Mr. Horace H. Atherton,
Jr., Register of Probate, his subject being "Probate Court Side Lights.”

(v)

ANNUAL REPORT OF THE SECRETARY

During the fall one of our early members died — Mr. George
Lambert Gould — and the probating of his will revealed the following
bequest to this Society, viz :

"To the Topsfield Historical Society of Topsfield, Mass., toward a
fund, the income of which is to be used in the preservation and
maintenance of the building owned by the society adjacent to the
"Common,” known as the "Capen House,” (erected by my ancestor.
Rev. Joseph Capen, in 1683), the sum of four hundred (400) dollars,
and with the further sum of one hundred (100) dollars toward the
erection near the street of a suitable appropriate gateway and sign
briefly describing the building.”

Mr. Gould was always interested in the welfare of the Society and
at the time of the restoration of the Parson Capen House he mani-
fested his interest in a practical manner in contributing to the cost
of needed furnishings. His bequest will supply necessary income to
cover the cost of the usual annual repairs and the supplementary
gift of one hundred dollars will permit the erection of a sign long
needed to call the attention of the stranger to the unique interest of
our ancient house. Mr. Gould’s name will always be held in grate-
ful remembrance by the Society for his timely recognition of our
practical needs and it is suggested that his bequest, when received,
shall be known as the George Lambert Gould Fund, the principal and
income to be kept separately from other funds in the accounts of
the Treasurer and duly reported upon at each annual meeting
thereafter.

Respectfully submitted,

George Francis Dow,

Secretary.

ANNUAL REPORT OF THE TREASURER

OF THE

TOPSFIELD HISTORICAL SOCIETY
FOR THE YEAR ENDING DEC. 31, 1921.
RECEIPTS

Jan. 3, 1921 Balance cash on hand
Annual dues

Historical Collections sold

” ” bindings at .40c

” ” ” at .50c

PAYMENTS

Historical Collections, Vol. 26 acct. printing
” ” Vol. 25, binding

Postals and printing
Posters— Atherton Lecture
Annual meeting, refreshments

Balance cash on hand

Respectfully submitted
George Francis Dow,

Treasurer.

Approved,

W. Pitman Gould
Auditor.

$101 09
53 00
8 00
1 20
9 50

$172 79

100 00
50 72
3 02
3 00

83 157 57

$15 22

(vii)

TREASURER’S REPORT ON THE BUILDING FUND

OF THE

TOPSFIELD HISTORICAL SOCIETY
FOR THE YEAR ENDING DEC. 31, 1921.

RECEIPTS

Jan. 3, 1921 Balance cash on hand

Dividends United Shoe Mach. Co. stock
Rent of Capen House (Mr. Sheahan)

PAYMENTS

On acct. collateral note
Interest on ”

Insurance on Capen House
Repairs on ”

Repairs on casement windows
Automobile — Atherton lecture

Balance cash on hand

STATEMENT

On hand 45 sh. United Shoe Mach. Co.

market value 37 1-2
Less collateral note Mrs. Ada N. L. Newhall 1,3(X)

Value of Fund $387 50

Parson Capen House and 11-5 acre land

cost $2100 00

Restoration and Furnishings 2461 12

$4561 12

Respectfully submitted,
George Francis Dow,
Treasurer.

Approved

W. Pitman Gould

Auditor.

(viii)

$76 08
90 00
120 00

$286 08

100 00
81 00
18 75
9 93
10 95
9 00

229 63

$56 45

THE TRIAL OF WILLIAM BEALS AND CHARLES G.
GREENE, FOR AN ALLEGED LIBEL, PUBLISHED IN THE
BOSTON MORNING POST, ON ALFRED W. PIKE,
PRECEPTOR OF THE TOPSFIELD ACADEMY, WITH
DAMAGES LAID AT $10,000.

REPRINTED FROM THE ACCOUNT OF THE TRIAL PUBLISHED
AT THE TIME.

This prosecution grew out of the publication, in the Boston Morn-
ing Post, of the following communication, on the 2d of May, 1835 : —

"BRUTAL CRUELTY.

To the Editor of the Boston Morning Post :

Sir — A case of unparalleled cruelty has come under my observation,
which I hope, for the sake of humanity, you will give a place in your
paper. A child 8 years old, (Sarah B. Jay) was placed under the care
of a Mr. Pike, schoolmaster, and member of Mr. Winslow’s church,
with a promise on his part to bring up the child as he would his own.
Mr. P. removed to Topsfield, Mass., last autumn, since when the child
has suffered the utmost cruelty — her food has been chiefly Indian
meal and water — she has been compelled to sleep on straw, in an
upper room, with scarcely covering enough to keep life in her — and
during the last rigorous winter exposed so as to freeze her feet and
hands badly. Finally, Mr. P. sent word to her mother that he had
put her in the Alms House, where she was very comfortable and
could remain if her mother chose. But her mother, feeling indignant
at such conduct, desired Mr. P. to send her daughter home. He
complied with the request, and she arrived at her mother’s a day or
two since, hungry, half naked, and reduced to the lowest state of
wretchedness.”

About a week subsequent to the appearance of this communication,
the following certificate, in reply to it, was published in the Essex
Register, from which it was copied into the Post by Mr. Greene, who
subjoined to it the editorial strictures which accompany it : —

(1)

THE TRIAL FOR AN ALLEGED LIBEL

^Trom the Essex Register.

"BRUTAL CRUELTY.”

Messrs. Editors — Having seen in the Boston Post, of May 2d, 1835,
an anonymous communication, headed "Brutal Cruelty,” accusing
MR. PIKE, of this town, in several particulars in respect to his treat-
ment of a young girl, Sarah B. Jay, who has lived in his family dur-
ing the last five or six months, and who has been recently returned
to her mother in Boston. We the undersigned, have availed our-
selves of such means, as we consider sufficient to authorize us to
form and express an opinion in the case — and accordingly certify
that we are satisfied that there has been no cause of complaint against
Mr. and Mrs. Pike, in respect to the girl. We are satisfied that
she was well fed and clothed, and comfortably provided for on their
part. Her sickly appearance and diseased feet, we consider a nec-
essary consequence of her own personal conduct, which was, for
more than two months previous to her being placed at the disposal
of the Overseers of the Poor of Topsfield, filthy and disgusting in a
degree we have never known equalled. And therefore, we view the
communication alluded to as slanderous in the extreme. We have
the fullest confidence in the kindness and attention of Mr. and Mrs.
Pike to all under their care.

N. CLEAVELAND,

JACOB TOWNE,

MOSES WILDES,

R. A. MERRIAM,

JAMES F. McEWEN,
NATHANIEL PERLEY,
JEREMIAH STONE.

Topsfield, May 6, 1835.”

"Sarah B. Jay is eight years of age — Mr. Pike, took her under a
promise to treat her with as much kindness as he would one of his
own children. Is it a sufficient excuse for the present condition of
the child that she was unclean in her habits, or forward in her dis-
position, providing such are the facts? It certainly was the duty of
Mr. and Mrs. P. to enforce a degree of cleanliness upon her sufficient
to prevent the breeding of disease and vermin, or else return her to
her parents, and not suffer a little girl eight years of age to continue
in a state of filth which has destroyed her health and strength for
life, even if it should be continued to her, which is extremely doubt-
ful. Her feet have been frozen — she says this was occasioned by a
want of bed clothes during the severe weather last winter; but
Messrs. Cleaveland & Co. consider the operations of the frost "the

ON ALFRED W. PIKE

necessary consequence of her own personal conduct.” Messrs.
Cleaveland & Co. are satisfied that the child was ”well fed and clothed”
— the clothes she received from Mr. Pike, during six months, includ-
ing the last severe winter, consisted of one blue, short-sleeved, cot-
ton frock — an old knit shawl, one or two pairs of stockings, and a
second-handed pair of shoes — thus clothed she returned to her par-
ents, during one of the coldest days of the present spring, in a weak
and exhausted state, from the alms house, where Mr. Pike placed
her ! — Is this the kindness he would show to his own child ?*— Is this
"comfortable” clothing? Would Mr. Cleaveland consider it so for
his own child, if he has one ? — Certainly not, and no man of common
sense and common humanity would say it was — we are unacquaint-
ed with Mr. Cleaveland and his associates.

The above "certificate” does not relieve Mr. Pike in the least from
his responsibility in this affair — the child is an object of suffering
wretchedness — she resides in Myrtle street and can be seen by any
one — her parents are poor, but honest, respectable, industrious people
— we know nothing of Mr. P. more than we have heard within a few
weeks, and have no other object in following up this subject than to
expose, what appears to us to be, conduct of the most cruel and cen-
surable character. We understand that several gentlemen of wealth
have interested themselves in the affair, and that it will probably un-
dergo a Judicial investigation.” — Boston Morning Post, May 14.

It will be observed, that in the preceding editorial comments, Mr.
Greene reiterated, generally, the charges against Mr. Pike contained
in the Communication of May 2, and for this reason Mr. Pike, as his
counsel states, brought his action for Libel. The trial commenced
at Salem, on Monday, November 23, 1835, before the Supreme Judi-
cial Court.

As soon as the Court was organized,* a motion was made by Mr.
Huntington, that permission should be granted to take the deposition
at Topsfield, of Mrs. Martha Williams, aged 74, the mother-in-law
of Mr. Pike, who made an affidavit, that she had been suddenly taken
sick, and was unable to attend Court. This application was resisted
by Mr. Saltonstall, on the ground that Mr. Pike’s affidavit was not

*Present. — Hon. SAMUEL PUTNAM, Associate Justice of Supreme Judicial
Court, Presiding.

Andrew Lunt, Foreman ; Miles F. Griffin, Amos Gould, William Hook,
Samuel Ireson, Samuel Jenkins, Jr., Daniel Leach, Jacob Newhall, Jr., Thomas
Payson, Wells Smith, Israel Trask, James Whittier.

Counsel. — Rufus Choate and Asahel Huntington, Esqrs., for the Plaintiff.

Leverett Saltonstall and George Wheatland, Esqrs., for the Defendants.

THE TRIAL FOR AN ALLEGED LIBEL

accompanied by the certificate of a physician ; that she was a very
material witness, and that it would be necessary for the defendant’s
counsel to be present when the deposition was taken, and would
occupy a whole day ; that if it should appear, by a certificate that
she was too sick to attend at the present term, it would be a suffi-
cient ground for a continuance to another term. The court, how-
ever, was inclined to think that the deposition ought to be taken,
and appointed Mr. Williams, of Salem, to take it.

Mr. Huntington, for the Plaintiff, then opened the case, by read-
ing the writ, consisting of two counts, reciting at length the alleged
libellous publications, accompanied by the usual inuendoes, and
charges of malice, wickedness and falsehood.

The defendants pleaded the general issue, as to the malice, and
filed seven pleas in justification, alleging in technical form, that the
statements declared on as libellous, were true, and adding two other
matters, not alluded to in the publications — to wit, that said Pike
compelled the said Sarah B. Jay to eat assafoetida and her own ex-
crement, and that therefore he ought not maintain his action against
the defendants.

"You see, gentlemen of the jury,” said Mr. Huntington, "from
hearing the writ read, and the pleas filed in answer, and also by your
knowledge of the character of both parties in this suit, that this is a
case of no usual importance. The libels contain charges of a most
aggravated character, and deeply implicating the conduct, reputa-
tion and standing of the plaintiff ; and the defendants allege in their
pleadings that these charges are true. If the charges are not true,
then do they constitute one of the most atrocious libels ever pub-
lished ; if true, then ought the plaintiff to be excluded from the society
of men. The libel, or libels, are in every variety of words, and you
will perceive that the pleas contain other matters not in the libel.

The plaintiff is a farmer’s son — a native of the County of Essex,
of hitherto unblemished character — a teacher of youth for upwards
of twenty years ; and a husband and the father of a large and inter-
esting family. Although he brings the action, it is himself that is
on trial — he is now to be tried for his life — for every thing dear and
valuable in life. For this reason, we shall feel it to be our duty and
our privilege, in answer to these infamous and false charges, which
we regard with abhorrence, to put in his general good character, be-
cause he owes it to himself, to his family, and to the trustees of the
respectable institution over which he is appointed. We shall call in
gentlemen from different parts of the county, who have known him
twenty or thirty years, to prove that he is a most moral, honest, and
just man, and that he has hitherto conducted so as to be much re-

ON ALFRED W. PIKE

spected, and to be altogether above suspicion.” Mr. Huntington re-
capitulated the charges contained in the first communication, and
continued. — ”The matter would never have reached this tribunal,
gentlemen, if the defendants like just and honorable men, who enter-
tained a proper regard for character, had paused, or published the
certificate without any unfair comments. I have remarked, gentle-
men, that when this murderous libel was published, the plaintiff was
a preceptor of the Topsfield Academy — it was a dagger to himself,
to his wife, and to his children. The article was read far and wide
— he was in danger of being overwhelmed at once with the univer-
sal indignation of the public — he was struggling for life ; and to keep
his head up it became absolutely necessary to do something immedi-
ately. He could not wait the tardy operation of the law, and he pro-
cured an investigation of the subject on the spot, and if the defend-
ants had simply published the reply by the gentlemen of Topsfield,
that Mr. and Mrs. Pike were not blameable the matter would have
rested there. We should not have commenced this prosecution, if
they had published the reply unaccompanied by false and malignant
comments — disingenuous and unfair.

In these comments, reiterating and enlarging the original charge,
aggravating it — dipping his pen in gall in every line, the defendant
publishes a libel in every particular worse than the original one.
There is malice to be seen in every line. It is manifest that Mr.
Greene meant to destroy Mr. Pike. In the most artful and ingen-
ious manner, he makes Messrs. Cleaveland and Co., as he slightingly
calls them, say that the freezing of the child’s feet was a necessary
consequence of her own neglect. In this way, he gives a perfectly
unfair answer, and takes back nothing ; but he goes on and argues
the matter in a most jesuitical manner, and concludes by saying that
the certificate does not relieve Mr. Pike from the imputations resting
on him.

With regard to the Indian meal, said Mr. Huntington, I know not
whether Mr. Pike be a Grahamite or not — he looks like a good liver
himself, gentlemen as you may see ; but whether he be a Grahamite
or Anti-Grahamite, the man who could keep a child on Indian meal
and water five months, and be guilty of the other acts charged upon
Mr. Pike, must be a brute and a beast ; and if the defendants come
within a thousand miles of proving the truth of them, I shall feel it
my duty, as a public officer,* to present him to the Grand Jury, friend
as he is of mine, and has been, for the last twenty years.

*Mr. Huntington is the Commonwealth’s Attorney, for the District, in which
Essex County is included.

THE TRIAL FOR AN ALLEGED LIBEL

Mr. Huntington, after commenting upon "the injury necessarily
done to the plaintiff, by the defendants in their respectable journal,
by circulating the libel throughout the country, stated the facts which
he would be able to prove in refutation of the charges brought against
the plaintiff in the Post. He would show, he said, that while Mr.
Pike kept a private school in Boston, the mother of the child, repre-
senting herself to be a very poor woman, very earnestly entreated
Mrs. Pike to take the child — that her husband, a Mr. Howard, was
hostile to the child, and that her living at home created great dis-
harmony in the family, — that the child was fully as much to blame
as Mr. Howard, in their domestic dissensions; that she was guilty
of falsehood and obstinacy. In this way, Mrs. Howard worked on
Mrs. Pike’s feelings, and proposed to have the child bound to her.
Mr. Pike and his eldest daughter was very much opposed to taking
the child to Topsfield, but Mrs. Pike, being interested for her on ac-
count of her mother, prevailed on Mr. Pike to take her.

After she went to Topsfield, symptoms of scrofulous humours
manifested themselves on the child’s person, in consequence of which
salts were administered to her, and afterwards she was furnished
with gruel, and this (said Mr. Huntington) is what is meant by the
Indian meal and water, they talk about. In February, Sarah, the
child, became unclean in her personal habits, in a most extraordinary
degree, and it became necessary to make up a straw bed for her, but
she was so well supplied with bed clothing, that if Mr. Pike had been
charged wfith having attempted to smother her, the charge would
have come much nearer the truth, than that which has been preferred
against him ; and so far from having an insufficient supply, she had
seven thicknesses of covering. The child, however, continued in its
offensive habits, and to such an extent, that Mrs. Pike was made
sick by her conduct, and told her husband that she could not live in
the house with her any longer. She was then put into the alms-house,
because Mr. Pike did not know that Mrs. Howard was in a situation
to receive her; for Mrs. Pike remembered her mother’s declaration,
that her children had cried themselves to sleep for want of bread, and
she knew that Mrs. Howard expected to be confined. He expected
to show also, that notice was sent to Mrs. Howard when her child
was put into the alms-house ; he would also show, that Sarah had
been afflicted with chilblains for several years ; that the morning she
left Boston, her father bought her a box of ointment for her feet,
which were then sore with chilblains ; that at Topsfield she had a
sufficient supply of clothing, and wore India rubbers on account of
her sore feet, and that when Mr. and Mrs. Pike went to the alms-
house with her, she was comfortably clad, and was sent home to Bos-

ON ALFRED W. PIKE

ton in the same clothes ; and so far from eating nothing but Indian
meal, that she ate more animal food than any other member of Mr.
Pike’s family. Mr. Huntington closed his opening statement by some
remarks upon the responsibility incurred by the conductors of the
public press in proceeding to redress real or imaginary private wrongs,
without due deliberation and careful investigation, and compared
their mode of operation, in thus putting a party on trial, without af-
fording him an opportunity of defending himself, to the summary
proceedings of Judge Lynch. A man, denounced by the press was in
fact tried and executed, before he could possibly obtain a hearing —
a species of Lynchism, he was sure, that was not yet very popular in
this ancient Commonwealth of Laws.

The Court adjourned at half past past four, in order to afford the
counsel on each side to proceed to Topsfield and take Mrs. Pike’s
Deposition, but when they arrived there they found her quite well,
and able to come to Court, and testify regularly, and therefore her
deposition was not taken.

Tuesday, Nov. 25.

Mr. Huntington proposed to introduce witnesses to prove Mr. Pike’s
general good character.

Mr. Saltonstall objected, because the defendants did not propose
to put Mr. Pike’s general character in issue, and cited the opinion
of Lord Abbott, that in a case of libel, it was not in the power of the
plaintiff to go into general character, unless his general character
was impeached by the defendants.

The Court inclined to the ground assumed by the defendants, and
deemed such proof unnecessary, as the jury, by presumption of law
must take the plaintiff’s general character to be good, until it was
impeached by the defendants.

After a short consultation, the Counsel for the Plaintiff waived the
point, and proceeded to call witnesses, as to Mr. Pike’s profession,
and standing as necessary in order to enable the jury to estimate
the damages he must in all probability sustain, if the facts contained
in the libel were believed to be true.

Twelve witnesses were accordingly examined and cross-examined
on this point, and it appeared from their testimony, that from the
year 1815, up to the present time, Mr. Pike has kept classical schools,
and fitted young men for college, in Newburyport, Framingham,
Woburn, Rowley, Boston, and Topsfield. Three stated that difficul-
ties existed at Framingham, Newburyport, and Woburn, and that the
numbers of students fell off, prior to his leaving those places. The
nature of the difficulties referred to did not appear, and the jury

THE TRIAL FOR AN ALLEGED LIBEL

were cautioned by the court not to draw any inference from that fact
unfavorable to the plaintiff. Dr. Noyes, of Boston, attributed a fall-
ing off of the numbers, at Mr. Pike’s private school, in Boston, ’’to
the pressure,'’ — i. e. the removal of the deposites. He said the effects
of the pressure were also felt in the other private schools in the city.

[In connection with this point, but on a subsequent day, the de-
fendants introduced witnesses, who testified that complaints existed
about Mr. Pike’s mode of discipline ; they testified decisively, that
"there was no diminution of the public confidence in Mr. Pike as an
able and accomplished instructor; but there was a diminution of
confidence in his mode of discipline.” Mr. Marston, of Newburyport,
after some consideration, said he believed, that the dissatisfaction at
Newburyport related to his mode of treatment of his female scholars ;
but he never heard anything against his humanity.]

At this stage of the trial, it not being necessary for the plaintiff to
prove the falsehood of the libel, until the defendants had introduced
testimony to substantiate its truth —

Mr. Wheatland opened for the defence, by remarking that the case
was of vast importance to the defendants, on account of the great
sum claimed for damages. After premising that most men had a
good general character, and also something unfavorable in their par-
ticular character, Mr. Wheatland observed that this was the case
with Mr. Pike — his general character was good, but he had a bad
particular character, as the facts in the present case would prove.
Mr. W. then went into a general statement of the facts which the de-
pendants expected to prove in justification of the publications declared
on. He said they would be able to show, that neither Mr. Beals nor
Greene wrote the article, and that it was published for the most
humane of purposes ; that Sarah B. Jay, only eight years old last
January, has no father; that her mother proposed to Mrs. Colby to
put her into an asylum ; that Mrs. Colby took the child into her own
family ; that while with her, the child was in good health and condi-
tion, and neat, tidy and clean ; that Mrs. Pike applied to Mrs. Colby
for a young girl, and that Mrs. Colby referred her to Mrs. Howard,
Sarah’s mother ; that the first application was made by Mrs. Pike
and not by Mrs. Howard ; that Mrs. Howard refused to have Sarah
bound to Mr. Pike ; and that she was delivered to Mr. Pike in a good
condition in every respect, and lived with Mr. Pike three or four
weeks before they went to Topsfield, without any change in her habits.
At Topsfield, and while at Mr. Pike’s, she became haggard, pale and
sick, lost her little toe, and had her feet split open, as he would show,
by cold. In this state she was turned into the poor house, because
Mr. Pike, as he himself said, was afraid she would die on his hands.

ON ALFRED W. PIKE

When she was put into the Alms-house at Topsfield, which was filled
with vermin, she was clad sparely — with a pair of boy’s shoes down
at the heel, a thin calico gown, with short sleeves, a woollen garment
so ragged and filthy as not to be fit for hogs to toss about in a sty ;
and when the overseers inquired of Mr. Pike concerning her clothes,
he told them there were none for her. In this state the girl was sent
home to her mother, and the physicians, upon examining her, were
of opinion that she could hardly be expected to live. Among other
neighbors, Mr. Sweeney saw the child at her mother’s, and hearing
the facts, embodied them into an article, and sent it to the office of
the Morning Post, and Mr. Greene, upon going and making inquiries
himself, which satisfied him that there was a good foundation for
the article, published it. Shortly after the appearance of this Com-
munication in the Post, which came to the knowledge of the people
in Topsfield, the Trustees of the Topsfield Academy, to contradict it,
held a meeting in the Academy, and brought before them a domestic
in Mr. Pike’s family, of 14 years of age, and took her deposition,
contrary to the late statute against extra-judicial oaths, and upon the
strength of this deposition, so unlawfully taken, and without the
presence of a single friend to the little girl, the trustees issued the
remarkable certificate, which drew forth the second article in the
Post, which has been paraded before you gentlemen of the jury, as a
more infamous libel than the first one.

In addition to what has been stated, we shall be able to show, said
Mr. Wheatland, that the little girl was never permitted to go to school,
to church, or even to a Sabbath school, and perhaps Mr. Pike had
good reason for not sending her to church, for he might well fear
that she might hear there, ''that he who oppresseth the poor, is a
reproach to his Maker.” But this is not all, gentlemen ; there are
still one or two things which I feel it to be my duty to allude to, how-
ever repulsive it may be to you as well as myself. You have heard
it read in the pleas that Mr. Pike compelled the child to eat assa-
foetida and even her own excrement Gentlemen, this is literally true,
and we shall prove it to you beyond the hope or suspicion of a doubt.

Gentlemen, my brother Huntington, in his opening, told us, that
if we came within a thousand miles of proving the truth of the facts
alleged, he would hold himself bound to call his client to an account
before the Grand Jury. We accept the challenge ; for we shall come
a little nearer — aye, a great deal nearer than a thousand miles to the
facts charged — and I do now, and shall, hold him to his promise — to
the strict redeeming of his pledge to the letter ; but if we come only
within ten thousand miles, gentlemen, we shall expect your verdict ;
and if we make out our case, against Mr. Pike, the indignation of men

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must follow him here, and the wrath of God, if he be just and true,
will follow him hereafter.

Testimony of the Witnesses called by the Defendants to prove the truth

of the charges contained in the Publications, alleged to be libellous.

Mrs. Sarah Colby, [of Boston, and one of the managers of the
"Childrens’ Friends Society,” who have an asylum in Green Street.]
In 1834, in the fall, Mrs. Howard came to me to see if I could get her
child into an asylum, and said that she was not able to take care of
her ; that her age was eight years, and had no father, &c. — After hear-
ing her story, I told her I would confer with another lady who was as-
sociated with me, and let her know if we could. A short time after
Mrs. Howard applied to me, a young lady called upon me to know if
a child could be obtained from an institution which I was connected
with, to live with her mother, whom she stated to be a Mrs. Pike —
I told her we had none then. It did not then occur to me, that Mrs.
Howard’s child would answer — I never thought of her in connection
with Mrs. Pike’s application at that time — the reason Mrs. Howard
called on me, I suppose was, because I was visiting manager of the
Institution for that month — there being twelve managers. On Sat-
urday afternoon, I called at Mrs. Howard’s residence, and informed
her that the managers had concluded it would not be expedient to
take her child into the institution at that time ; but I told Mrs. How-
ard to prepare Sarah for the Institution against the time when we
should be able to take her. On Monday, I think, it was of the next
week, Mrs Howard came to me with Sarah, and having in her arms
another child — she appeared much distressed, and said she did not
know what to do with her, as her husband objected to support Sarah.
I told her again we could not take the little girl into the institution.
She then asked me to take her myself, — I told her I could not take
upon me such a responsibility. The mother’s situation, however, in-
terested me so much, that I concluded on the whole, that I would take
the child, and do what I could to provide her a place. The mother
told me frankly at the outset, that she would not deceive me about
the child, and that she had been very much exposed to vicious habits
— this was before I concluded to take her — she said, she thought she
would require watching — I did so, and kept her chiefly in my own
room, under my eye — I found her very handy at the needle, and she
did little jobs about the house with remarkable facility and neatness
— being careful, after being cautioned not to soil her clothes with her
work, and would come up to me cheerfully and show me that she
had kept them clean. She was a clean child, and her mother had
made her as clean and neat as her circumstances admitted of. Mrs.

ON ALFRED W. PIKE

Pike’s daughter called again to inquire if I had found a girl. I
thought it a good opening for Sarah, and referred the girl to Mrs.
Howard. I felt confidence in Mrs. Pike, on account of the person
who had referred her to me. I had an interview with Mrs. Howard,
about giving the child to Mrs. Pike — I told her how much I had be-
come interested in Sarah, and that I should always feel an interest
for the child. While I was conversing with her, Mrs. Pike came in,
and the child was given up to her. Mrs. Pike promised to clothe
her well and comfortably. I did the chief part of the talking, and
don’t remember exactly what Mrs. Howard said to Mrs. Pike about
Sarah.

Cross Examined — Mrs. Howard told me that Sarah had been ex-
posed to see vicious people, or children, in some neighborhood, where
she had been living — and said she was a very bad child — I felt much
struck by such a remark from her mother, and I asked her what she
meant — she then gave me to understand that her word was not to
be relied on. In consequence of what her mother had said about
her, I watched her narrowly — I left little articles about, and money,
in places where she would be likely to see it, but always found every-
thing in its place — her propensity to talk was rather greater than
common. To Mrs. Pike I stated all these facts in the same manner
I have now stated them. I told her the child needed gentle, but firm
treatment — that her feelings were such as to require gentle treat-
ment— her personal habits were clean. The child appeared to be of
an amiable disposition, and my feelings had become quite enlisted
for her. I recollect expressing to Mrs. Pike a great deal of interest
for the child — I recollect saying to her, that I should be glad to hear
how she got along. I don’t know that I asked Mrs. Pike to write
to me, but I felt the yearnings of a mother for the child, and ex-
pressed my desire to learn how she got on several times — over and
over again. I believe I can with perfect safety say, that I never saw
anything vicious in her.

Direct examination resumed. — Last spring I was called upon to go
and see the child, which I was informed had been brought home to
her mother — she was very much altered — very much emaciated,
and pale — there was much excitement prevalent about her — I recalled
in the evening with Dr. Flint. Her feet were very sore ; — one of her
toes — the small one — was nearly off ; — there were two very bad places
under one heel, like deep gashes spread open — around her ankles
there were black and blue spots — she looked like a sick child. As I
sat and rocked her in my arms, and looked upon her, it did not seem
as if she could live. Her mother did not say much, though she ap-
peared to feel much, and seemed much excited. Her mother appeared

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to be an amiable, gentle, and kind woman — a woman who had suf-
fered much affliction — of an uncomplaining disposition, not disposed
to overstate facts — I was much struck with her equanimity, while
others were so much excited — the excitement that existed was not
boisterous, but partook of a solemn character. While I was there,
there was generally a coming and going of persons. When Mrs.
Pike took her, she had no sores on her feet. She continues feeble,
but having weak eyes, which are bandaged, she does not look so
much like a well child, as she might, if her eyes were not sore. I
called once at her grandmother’s to see her.

Cross examination resumed. — We did not think it expedient to admit
her into our institution in the first place, because our funds were
small, and we thought she was old enough to do something for her-
self ; and second, that as she had been exposed to vice — to see vi-
cious children, and be among them — I thought it improper to have
her introduced among younger children, as she might exert a bad in-
fluence ; but if she had been younger, notwithstanding her supposed
habits, I think we should have taken her. I understood from her
mother, that Mr. Howard thought it was too great a burden to main-
tain her. Mrs. Howard has had three husbands, and Sarah was the
child of her first husband, and she had another by the intermediate
husband, and expected to be confined again. Mr. Howard’s unwill-
ingness to maintain Sarah, gave her mother extra anxiety — she said
she was much pressed down, and found it hard to get along. I kept
Sarah in my chamber so as to be able to see what her character and
disposition was — I found her quite intelligent, for a child of her age,
and class.

She sang a good deal. As near as I can recollect, I told Mrs. Pike
what I have now stated. Her mother told me I think, that she had
been living at three places. Her mother said, '1 will not deceive you
about the child,” at the very time she applied.

Mary F. Howard — I am the mother of Sarah B. Jay. — She was
eight years of age last February — Mr. and Mrs. Pike called on me
one evening, a little after candle light, and said they understood at
Mrs. Colby’s about my having a child, that I wanted a place for — we
talked some time, and it was agreed that we should meet at Mrs.
Colby’s. I went to Mrs. Colby’s, and stopped some time before Mrs.
and Mr. Pike came— I can’t recollect all that was said — only I spoke
of the motherly kindness that the child ought to have to make her a
good girl, and an amiable woman. Mrs. Pike took the child, and
told Mrs. Colby she would send to her and let her know how the child
got along. It was in September. After Mrs. Pike took her, I visited

ON ALFRED W. PIKE

her off and on — near the last of their being in Boston, I called and
observed that the child had creatures in her head, and I spoke to Mrs.
Pike’s girl about it, and said it was something strange — that she was
not in the habit of having them, and wished her to look after it —
Mrs. Pike said she calculated to bring her up the same as her own
children — and to give her an education sufficient to enable her to
keep a common school — or to put her to learn a trade, as soon as she
was old enough to choose one, if she preferred a trade to keeping a
school. The child was in good health, and had been for three years
before — she was clean — I was always particular about keeping my
children clean. I heard nothing directly from my child after she
went to Topsfield, till one day two gentlemen called on me, who said
they were overseers of the Topsfield alms-house, and told me my child
was in the alms-house, and had been there a week — one brought me
a letter from Mr. Pike, he said — I was so agitated that I could not
read the letter, and carried it to Mrs. Sweeney to read it for me. The
gentlemen asked me what they should do with the child — I told them
I wished to have her brought immediately home — this was on a
Wednesday, and she come the next Monday, which was the 27th of
April.

The child was very weak, very feeble, and very cold — she could
not raise herself up strait, as she was in the habit of standing — she
was so poor, that her bones showed through — her hip bone cut through
the skin so as to make a sore of the size of a fourpence. On her little
toe there was a small dead lump like dough, which came off after a
few days, and left nothing like a toe — -there were bruises on her body
and like the blows from a stick. I poulticed her feet. She was so
sick that I had to lift her out and into bed like an infant. — The next
day Doctor Flint came, and gave me some ointment for the sores on
the child’s feet and hands — Dr. Jackson and Dr. Strong also came —
Dr. Shattuck prescribed for her — I did not send for either of those
gentlemen — I sent for a physician, but he did not come — I don’t re-
collect his name — For a fortnight after she returned, I had to take
her out and in bed, like an infant. — The house was constantly filled
with people coming to see the child. Her stomach was very weak,
and she threw up everything she ate at first — but had a great ap-
petite.

[Mrs. Howard here exhibited the articles worn home by Sarah,
viz. : a blue check gown, short sleeves, green shawl, loose network,
that peas might be shot through ; shoes long enough for a woman,
and down at the heel. She wore home the same bonnet and petti-
coat she wore away.] Testimony continued — The weather was
clear and pleasant, but very cold, for the season. She had a change

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of linen when she went away — two old calico gowns — one apron —
one tyer — new pair of leather shoes, but I don’t recollect about her
stockings. I offered her a cloak, but Mrs. Pike thought I had better
keep it for my other children, and said she would provide her with
one. She had no change of clothing when she retured — no bundle
— nothing at all. Mrs. Pike spoke to me about binding the child,
but I objected. Mrs. Pike said, if the child was bound to her, she
should be obliged to take care of her in health and sickness. I said
if she was sick I should choose to take care of her myself ; and if
Mrs. Pike should become dissatisfied with her, she would not be able
to take care of her as well as she did her own, because it would not
be natural. Afterwards I made inquiries about the nature of bind-
ing, and when she spoke of it again, I said the child might be bound. —
When she came home, her head was filled with small lice — her hair
was knitted, and in some places worn off, and cut off short. — There
were bald places on her head — I didn’t think she would live a week,
and that was the opinion of a number of others. Previous to going
to Mrs. Pike’s, she was at Mrs. Colby’s, waiting till an opening was
found in the institution.

She limped a few days before she went to Topsfield — I asked the
oldest girl if Sarah’s feet were sore, and she said they were with
chilblains. Two seasons before, while she was living with Mrs.
Roff, she was troubled with chilblains, and I told her to put some
cold cream on them, and I never heard of any trouble afterwards.
Her feet were perfectly well when she went to Mrs. Colby’s. She
also lived with Mrs. Shepard, at Charlestown. All classes called to
see my child — some of the most respectable ladies in Boston. I don’t
recollect how long she was with Mrs. Pike before they went to
Topsfield. She went to Mr. Pike’s on the 24th of September.

She told me that her feet become sore by cold.

[Mr. Choate objects to the admission of the child’s declarations, as
evidence. Mr. Saltonstall contends for them, on the ground, that
they would go to show, that Mr. Greene had not acted maliciously,
in publishing the libellous article, and quoted a passage from one of
the pleas, in which it is alleged, ”that her feet were frozen, as she says,
for want of bed cloths,” and therefore the defendants had a right to
prove what she said. The court thought the defendants might put
in her declarations, to rebut the idea of malice, and as part of the
res gesta, but would reserve the point for further consideration.]

Mrs. Howard resumes — ”The child said she had not had sufficient
food — that they gave her cold Indian meal and water, and sometimes
potato skins, and mouldy mince-meat. She said she slept on a straw
bed on the floor, in an upper room with Sarah, the other girl [Sarah

ON ALFRED W. PIKE

Knowlton.] Mr. Greene called to see the child in the course of the
first fortnight.

Mr. Saltonstall — Mrs. Howard, do you know who wrote the article
which appeared in the Post respecting your child ?

Choate — Stop Mrs. Howard — we object to that question as imma-
terial ; for it is no justification to the defendants that another person
wrote the article.

Court — The defendants are responsible, and the question is there-
fore immaterial.

Saltonstall — We contend that under the Statute of Justification, the
fact would go to show that the defendant had no malice — we wish
to show that another person wrote the article at the request of the
mother, and thus will go to rebut malice.

Court — I think it may be admitted for that purpose.

Choate — This in our view would be on overruling the whole series
of decisions, together with Alderman vs. French in which it was
expressly decided, that nothing but truth is a defence ; that the
defendant was mistaken will not even mitigate under the general
issue.

Saltonstall — I understand that under the statute of 1826, we have
the full advantage of both pleas — the general issue and justification.
The case of Alderman vs. French upset the whole series of cases
before made, and it was on account of that very decision, that the
statute was made. In the case in 5th Pick, it was held, that no
general issue having been pleaded, the defendant could not avail
himself of mitigating circumstances, and it therefore implied, that if
he had pleaded the general issue, that the evidence might have been
received.

Choate — It has always been held that under the general issue the
truth cannot be given in evidence to rebut malice — the Statute in
this respect has not altered the Common Law.

Saltonstall — The present is like any other action of tort. The
defendants may show any thing, under the general issue, as part of
the res gesta, which goes to show how much damages ought to be
recovered, precisely as if no plea in justification had been made.
We do not propose to show who the author is as proof of the truth
of the article, but that the defendants did not publish it maliciously,
and that they did it under such and such circumstances ; and that
though the defendants failed to prove its truth, they might still show
in what manner the publication happened.

The Court proposed to take the papers and books containing the
authorities referred to, for the purpose of examining this question,
and the other respecting the girl’s declarations, and announcing its
opinion in the ensuing morning.]

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Cross examination of Mrs. Howard. — I have a record of the child^s
age in my Bible — she was eight last February — I never said she was
nine, or that I did not know how old she was. The day she started
for Topsfield, I went into Mrs. William’s chamber, and had a con-
versation with Mrs. Pike. She first proposed to have the child bound,
and set several times to have the indentures ready — I never heard
that there was any objections on the part of any member of Mr. Pike’s
family to taking Sarah — I told Mrs. Pike that the child had a weak-
ness in her infancy, and that if she ever exhibited any effects of it,
to attend to it and she said she would — and I mentioned to her about
the chilblains.

I represented to Mrs. Colby, that the child was not with me, when
I married my present husband, and he never expected to have to
maintain her ; I said my husband was quick and would sometimes
throw out remarks which were very disagreeable. He was very par-
tial to another child of mine, more so I think than to his own. Mr.
Howard is my third husband — Sarah’s father went away insane, and
never came back — I do not know that he is dead, only from what I
read in a paper. It is true, that I told Mrs. Colby, that my children
had cried themselves to sleep for want of bread. The Overseer
brought a letter from Mrs. Pike, but I burnt it immediately as soon
as it was read to me. I spoke to Martha Pike and Mrs. Pike about
the creatures in Sarah’s head, and said it was unusual. Sarah was
4 years old when she went to Mrs. Shepherd’s. Mrs. Shepherd’s
husband died, and being left a widow, she could not maintain her
any longer.

I told Mrs. Pike that very frequently Sarah would commit little
faults, and tell wrong stories about them — I said she was hard to
govern, and had a bad temper, providing she had more than one
master — I said she needed a steady hand, and wished Mrs. Pike to
see to her herself. I was not particularly anxious to have her go to
Topsfield — After she had gone, I regretted very much that I allowed
her to go so far from me. I told Mrs. Pike I expected to be confined.
Sarah came home about 12— she was alone — it was a very cold day,
and I kept a fire all day. The first words she said were — "M’a don’t
beat me — and don’t let father beat me.” I sent for a Physician, but
he did not come — I can’t think of his name now. Her entire feet
were running sores — that is, the lower parts of both sides — the upper
part of the toes of one foot was sore. I did not represent to any one,
that all her toes were like her little toe — I said a good many of her
toes had similar sores. The child often had a quarter of a dollar or
a nine-pence given her. She was not able to go out for six weeks
or more. Dr. Strong was her first Physician — he saw her three or

ON ALFRED W. PIKE

four times — Dr. Jackson came after Dr. Strong — I did not send for
either — I did not represent about the child so fully to Mrs. Pike as I
did to Mrs. Colby — I told Mrs. Colby many things that I had heard
from hearsay — that she had played with some children in the yard
at indecent plays, while I was sick — I was sick a fortnight. I told
Mrs. Colby that Sarah was a bad child, but I did not mean anything
great. I only meant that she required watching. I lived in that
yard three or four months — Dr. Flint came the second night after she
arrived, and gave some ointment for her feet — Dr. Strong came next
— Dr. Strong came on a Monday, and I believe Dr. Shattuck the Sun-
day after. Mr. Greene came before Dr. Shattuck. I knew from Mr.
Howard and the child, that he furnished her with ointment for her
feet before she went to Topsfield — she limped considerably with one
foot. Before Dr. Strong came, I thought the child could not live a
week. The second day people came in to see her — and talked in the
room in her presence, and some gave money to her — I received small
presents for my children. She had a very craving appetite, but I
did not gratify it. Mrs. Sweeney saw the letter before it was burnt
— no one advised me to burn it.

Mrs. Colby re-called — the first time I called I did not see the child’s
feet—in the evening I called with Dr. Flint — he uncovered the foot
— I thought at first, when I looked at it, that half of the foot was off.
By ”firm treatment,” when I spoke to Mrs. Pike, I alluded to the talk-
ative, lively disposition of the child — I listened to but little that she
used to say, and of course did not charge my mind with what she did
say. When I first saw Mrs. Howard, it was in a respectable looking
place and so were all its appurtenances, but being in the third story
was uncomfortable.

[Here the child was called to exhibit its foot, &c. to the jury, and
the scars on her neck and shoulders. One joint entirely gone from
the little toe of the left foot.]

Dr. Joshua B. Flint — I went at the solicitation of my friend Mrs.
Colby, to see the child — I found her feet affected with ulcers in sev-
eral places — the principal one was on the outer edge of the left foot
— I recommended ointment to be applied till the physician sent for
came. The little toe was implicated in the ulcer — about half of the
toe — it might have been from chilblains, or from being frozen — I
have no means of determining — such cases have been from neglect-
ed chilblains. The ulcer had the appearance of not being recent, but
of long standing. She was very much emaciated, and of a sickly
appearance in every point of view. I should have thought from her
appearance, that she was suffering from chronic disease, or from

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hardship. Chilblains are produced by alternations of cold and heat
— generally they are not attended with a rupture of the skin — freez-
ing is. [Dr. Flint examined the child’s foot before the jury, and re-
sumes]— one joint is gone from the toe — I never saw such a case
from chilblains — have read of their becoming so from irritating in-
fluences.

Cross Examined — There is only one thing that leads me to the con-
clusion, that she was neglected — there were black marks around her
ankles, which led me to ask her if she had not been tied by the legs,

and she answered that they [Dr. F. was not permitted to state

what she said.] I should have thought her ankles had been tied, if
she had not told me something which led me to think it was not so.
Stockings continually wet with urine would be an irritating influence
— next to pressure, in effect. Vicissitudes of heat and cold are the
general producing cause of chilblains, and this is the reason why the
children of the poor are more subiect to them — and any exposure to
snow water would aggravate them — also walking on them. I did
not consider the ulcers scrofulous. Should think India rubbers good
for them, if not too tight ; if they fitted snug they would not be good
— for common chilblains, stimulant applications are good.

Dr. Jackson. — Dr. Strong called on me to accompany him to see
the child, with reference to inquiring if she was in consumption — I
found her emaciated and fretful — with the appearance of having a
chronic, organic disease. The conclusion to which we came was, that
there was no evidence of any settled organic disease. The great local
disease was in her shoulder, and foot — I cannot say positively that I ex-
amined the feet. She complained when any joint was handled — and
exhibited considerable irritation both mental and physical.

Cross Examined. — Did not use the stethoscope to ascertain the state
of her lungs — did not discern any disease in the shoulder, she exhibit-
ed nearly or quite as much irritability when her other joints were
examined — she manifested uneasiness at being moved — our examin-
ation lasted about twenty minutes — I never read of a joint being lost
by chilblains — I know of no reason, why an ulcerated chilblain lo-
cated on the toe should not remove the joint.

Mr. Choate. — You speak. Doctor, of her complaining as much when
one joint was handled as another — did it occur to you, was it your
impression, from any thing you saw in her or about the house, that
she was making all these appearances of great bodily pain?

Mr. Saltonstall objected to the question entirely — it was asking the
Doctor to express his opinion upon a subject that was not medical,
and upon a point that had never been suggested before.

ON ALFRED W. PIKE

Choate. — We contend that a physician is a competent witness to
answer the question — I mean to argue to the jury, that this case is
one of imposition from the beginning to the end to create an excite-
ment, awaken sympathy and extort money from the number who
visited her at her mother’s. [See the testimony of Miss French, Dr.
Strong, Mr. Saltonstall’s argument, and Judge Putnam’s Charge.]

Dr. Jackson answers. — My opinion was, that the child was too sick
to play a part. — It is not very rare for children of her age to be un-
able to retain their urine — paralytic affection may produce inability
to retain the denser matter contained in the bowels — saw no appear-
ance of paralytic affection — voiding of urine would increase the irri-
tation of chilblains.

Wednesday, Nov. 25.

His Honor Judge Putnam, upon taking the Bench, this morning,
observed, that since the adjournment last evening, he had had under
consideration, and had examined the authorities, upon the question
of the admissibility of Sarah’s declarations, and had come to the con-
clusion, though the plea alleges that she said so and so, to exclude
them ; his Honor had also come, to the determination to exclude the
evidence to show that Mr. Sweeney was the author of the communi-
cation, at the request of the mother. He was decidedly of opinion,
that such evidence was inadmissible under either plea — the general
issue, or justification.

Rev. Thomas Whittemore. — I have seen Sarah B. Jay, — saw her
about three weeks after she was brought home, at her mother’s house
— went at the repeated solicitation of several gentlemen — the mother
showed me the child’s head, and asked me if I wished to see her feet
— I said if it was not improper, I should — when she proceeded to re-
move the stockings and bandages, the child supplicated her not to —
but the mother persisted, and I perceived the feet to be diseased up
as high as the ankle — she seemed sickly and emaciated — her hair
shaven off closely, as if from some application — generally quite close,
but unevenly. The mother seemed an exceedingly tender mother,
and appeared to be a neat woman.

Rev. Thomas Norris. — Sometime in April last, saw the child — she
appeared to be in spasms — she looked out two or three times, and
begged that I would not give her up to her master — her hair bald,
and some places shaven close — the child was laboring under nervous
excitement — her appearance was deathly — her bones and sinews
seemed as if they would come through — the bones of her arms and
ankles stood out in view. Feet all over in a state of inflamation —

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one foot much worse than the other — the little toe dead — there were
several other people there — I called several days successively — her
mother took good care of her.

John D. Sweeney [author of the communication] — I knew Sarah B.
Jay — her mother hired a room of me in Myrtle Street — I came home
one dinner time and found my wife crying

Mr. Choate. — You need not tell us about your wife’s crying — What
did you see?

Sweeney. — The child was emaciated, and sick — and much debilitat-
ed generally — her hair shaven off close — continued emaciated for
some weeks — she had the appearance of having suffered considerable
hardship.

Cross Examined. — I warned them out, and I warned all my tenants
out, because I wanted the room — they did not pay all the rent — the
rent was seven shillings a week — I can’t tell how much of the rent
was not paid — I never sued for it. Mr. Howard is a revolutionary
pensioner, or a pensioner of the last war — he sticks up bills — they
have three children — one a small one in the arms — I never knew Mr.
Howard to be intemperate — I’m an Irishman — a coppersmith.

Mrs. Sweeney — I saw the child when she first arrived, on the 27th
of April — I was the first person that saw her in the Stage alone —
she was very feeble — I had to support her, to keep her from falling
in the entry — there were marks on her legs — the flesh was swollen
over her garters, so that they were dented into her legs, and left a
very deep mark when they were uncovered — had on a short sleeve
frock, pink silk bonnet, shawl, and boy’s slippers — She was entirely
destitute of flesh — one spot on the hip where the bone was through
— her arms were but little bigger than my thumb — on her feet three
large sores — on one heel, one on a big toe, and a little toe one con-
tinued ulcer — I think it was on Election day, that she went to her
Grandmother’s — she had been in my room once before she went to
her Grandmother’s — her mother took as much care of her as any one
could take of a child. People called from morning till night for a
fortnight — I saw no sham — I don’t think she could have counterfeited
— her spirits would sometimes come up a little, but they would soon
go off and she would lay her head down.

Cross Examined — She did not play in the street, before she went to
her Grandmother’s — she might have crossed over — Mr. Howard and
his family were quiet people, — never knew of any improper conduct.

ON ALFRED W. PIKE

Charles G. Singleton — On the second day saw the child at request
of my wife — she was much emaciated — her appearance was frightful
— her hair all stood erect.

Mrs. Sarah Davis — Sarah is my Grand-child — her father has never
been heard from since she was a fortnight old. Before she went to
Topsfield, I went with her mother to Mrs. Pike’s — I heard a conver-
sation between Mrs. Howard and Mrs. Pike relative to bringing up
the child — Mrs. Pike offered to educate her so that she might be able
to get her own living in the way best suited to her constitution and
convenience when she came of age — she said she wished to have her
kept comfortable, and would endeavor to keep her so — would do as
well by her, as she would wish any body to do by one of her own
children, if they took one of her own children to bring up. If Sarah
was sick, or any dissatisfaction on either side, she was to be sent
home to her mother — Mrs. Pike said so. Sarah’s health was good—
her habits were the same as other children of the same age. I saw
her the next day after her return to Boston — the flesh was bare on
the hips — she came to my house on Election day — her father-in-law
had to lead her — she laid on the sofa all day — she staid a fortnight
at my house — the day after she returned to Boston, she had lice and
nits in her head — I did not think she would live a week when I saw
her first — Mrs. Howard’s first husband went away in a state of in-
sanity.

Nathaniel Perley — saw Sarah B. Jay in Topsfield, in October or
November — her appearance was like that of any other girl — I was
one of the Overseers of the Poor — in April Mr. Pike came to me, and
said he had a girl living with him, and did not know but what he
should have to send her to the Alms-house — he said she behaved so
bad, he did not know what to do with her. He came again and said
we must take her — said his wife could not stay in the house with her
another night — said he had been trying several weeks to get her clean
and neat to send her to Boston — I gave consent to have her carried
over to the Alms-house, and gave notice to the other Overseers — they
went to see Mr. Pike about the child, and were opposed to keeping
her — Mr. Pike directed me where to find her mother — and gave me a
letter from Mrs. Pike to her, and asked me to carry it— I went to
Boston, on a Wednesday, and found her in Myrtle Street — I directed
the superintendant to take the girl to Mr. Pike’s on Monday, when
she was sent to Boston in the stage.

Cross Examined — Mr. Pike said her habits were very bad — dirty —
could not keep her clean — that she would foul her bed, the rooms,
and his study — that when he asked her why she did so, she would

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say because she was a bad girl — that Mrs. Pike had made herself
sick in trying to take care of her. When I saw Mrs. Howard she
said she was sorry Mrs. Pike could not manage the child — she said
she was sorry she was obliged to take her home, but would rather
have her home than in the Alms-house. Pike’s own children used
to come out with bare arms when the weather was pretty tough —

I saw her start in the Stage inside — the night preceding it froze, but
when the Stage came it had thawed. — She was in the Alms-house
eight days, I think.

Zacheus Gould [one of the overseers of the poor] — I saw Sarah B.
Jay at the alms-house on the 24th of April — she was very sickly and
feeble — her feet were wrapped up — it seemed to hurt her to walk —
I believe she was taken in on the 15th, and taken out on the 27th —
don’t know certain — I did not see her till the Tuesday after she
came — On Wednesday we went to see Mr. Pike at the Academy — our
impression was that we had nothing to do with her. We asked why
he did not take her to Boston, where she belonged — he said she would
be a State pauper there, and he had no right to take her there — he
refused to take her out — said he could not be at any further trouble
or expense about her — said again that he had no right to carry her
to Boston to become a State Pauper, any more than in Topsfield — he
said she had got herself reduced by her bad habits and will — he said
he was really afraid she 'would die on his hands. Mr. Pike said she
had no other clothing, but what she had on — and said he had taken
her destitute and should return her so — that he would speak to Mrs.
Pike, and if there were any articles belonging to the girl he would
return them. There was considerable feeling among the towns-
people about his turning her on to the town, to be allowed only 28
cents a week for keeping — for taking into consideration her alleged
habits, it was worth ten times 28 cents. Mr. Pike thought it was
none of the people’s business to enquire about the alms-house, or who
was in it — he did not see that they had any thing to do with it — the
people in Boston did not concern themselves about such things. I
told him that there was a difference between Boston and Topsfield,
which being a small place, the expense were felt more.

At this time, Mr. Pike gave me a more particular account of the
girls filthy habits — and said, that he told her if she kept leaving such
nastiness about the house he did not know but that he would make
her eat it. The very next day, he said he found some in his room,
or study. He then told her to take a piece of the excrement and
put it into her mouth — that she did so, and kept it in her mouth, and
he didn’t know but what she would have swallowed it, if he had
told her to. — He said she seemed to be destitute of all taste or feel-

ON ALFRED W. PIKE

ing. That she put it into her mouth without reluctance. I think
he said this was about a fortnight before she went to the Alms-
House — Mr. Pike said he had a consultation with Dr. Cleaveland, to
know what would break her of her bad habits, and they had come
to the conclusion, that it mdght have a good effect to make her eat
some assafoetida — that he had been given to a boy who was greatly
given to lying — he said he gave her some pills of assafoetida — she
took them into her mouth — he said he told her she must chew and
swallow them, and that she did so as readily as if they were sugar
plumbs. When he said he had been trying for four or five weeks to
get her decent, I replied — that I did know why, if what he said was
true, she was not as decent at one time as another.

Joseph Bachelder — one of the overseers — heard the same description
of the child’s habits — heard Mr. Pike say he threatened to make her
eat her own excrement — said that afterwards he did tell her to put it
into her mouth, and she did so, and held it there — I don’t remember
whether he said he told her to spit it out ; [the same as to the assa-
foetida.'\ We tho’t it rather a hardship to have to take care of such
a girl. We told him, if he did not like the girl, he ought to carry
her back. We thought he was telling us these things to make us
take the child. He said Mrs. Pike was worn out, and that Mrs.
Bradstreet, a tenant, complained.

Mrs. Bowditch — used to wash for Mrs. Pike in Hancock street — I
heard Mrs. Howard say to Mrs. Pike, that she was to return the child
if there was any dissatisfaction on either side — if either on ’em didn’t
like — that was the bargain. I saw the little girl about Mrs. Pike’s
— she used to scour knives, and wash potatoes, dishes, and her own
clothes — I was told not to wash her clothes, nor the other girl’s — she
was very dirty — Albert Pike, the son, would box her ears, and the
other girl’s — they would cry — I told Martha Pike of it — but she
would not believe me, and I said no more about it — Albert would
sometimes take the cat and throw upon her, which I thought very
wrong — she did every thing she v/as directed to — Martha Pike had
the principal charge — the conversation between Mrs. Howard and
Mrs. Pike, was about a week before going to Topsfield. Mrs.
Howard did not seem to wish to have the child bound, till she ascer-
tained how she was to be treated.

Cross Examined — Mrs. Howard said to me, that she thought it was
a nice place — I did not say it wasn’t — I believe she was there about
binding the child once — Mrs. Pike was confined up stairs sick at the
time of Albert’s throwing the cat on to the little girl. If there was
any disagreeing on any side, the child was to be sent home — Mrs.
Pike said she should be sent home, if there was.

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William E. Kimball — lives in Topsfield — had seen the child at
Pike’s.

Aaron Averill — saw her at Pike’s door, one Monday evening in
February — Mr. Legg was with me — she was very nasty and dirty
indeed — she came to the door with a candle — Legg said she looked
worse than any Southern slave — her face was very dirty.

William G. Legg — remembered the time Averill referred to — remem-
bers saying she looked worse than any Southern slave — I should
think the dress examined yesterday was the same that she had on,
when I saw her.

Mr. Norris was recalled to explain an immaterial point respecting
the letter received from Mrs. Pike.

Mrs. Howard re-called — I have never stated that Sarah come home
without a skirt or stockings — Mrs. Colby gave her a gingham tyer,
and a yellow shawl. When she went away she had a change of
linen, but came back without.

Joseph Mead — [keeps West India Goods store in Myrtle street] — the
child was the most miserable and emaciated object I ever saw — there
was no flesh on its bones — running sores on its feet — and Anger very
sore — after a fortnight, she appeared to be better — saw her three or
four times — her head looked as if it had been sore — the hair seemed
to have been gouged out — little scabs on the head. Her mother took
good care of her.

Cross-ex. — I do not recollect inviting a Miss French to call and see
her. People would often come into my store, and ask me about the
child, and I would say to them, that they had better go and see her
themselves.

Humphrey G. Hubbard — lives in Topsfield — saw Sarah at the pump
one of the coldest days last winter — she was at the pump five minutes
or more — and had on a short sleeve gown, and head and arms bare
— I thought it remarkable, to see so small a child out in that manner
— she was trying to pump water ; there was something the matter
with the pump, and she could not bring the water.

Cross-examined — I should think it was in January, in the latter
part, and about one of the coldest days — At that time I mentioned
the circumstance to Mr. Perley — I was within a rod of her, but I
don’t recollect whether I looked over my right or left shoulder, at her.

Abraham Pierce — [the same as Hubbard, as to the pump, in coldest
weather] — had a pair of old shoes on, not suitable — with holes in her

ON ALFRED W. PIKE

stockings, or else they were darned with white yarn — I did not per-
ceive that she walked lame ; once saw her going from the house to
the back house, and one of the boys told her to go faster — she said
she couldn’t, and he pushed her along.

Cross-examined — the old shoes were too large for her feet — it made
so much impression on my mind, that I remembered it when I got
home.

Sally Phillips — lived in Topsfield, near Mr. Pike — at my sister’s —
In December saw Sarah B. Jay at the pump — had on gingham gown
— bare arms and head — her shoes badly worn — her feet were exposed
on the ground, which was covered with snow ; saw her several times
a day. One forenoon, I saw her at the pump six times, in the cold
weather ; she appeared to do it with great difficulty ; I have seen her
with two buckets at a time. I spoke of it to a number at the time.

Cross examined — I saw her one time when I was in the street, and
at other times through my sister’s window. It was in December,
that I was in the street and saw her ; I turned round and looked at
her ; I paused ; I was not more than a rod from her ; she was pump-
ing water ; she started from the pump, as I stopped ; she went lame
some; I know her stockings had holes in them, when I stood looking
at them ; I saw her naked toes ; as she turned from the pump she
faced me ; her toes passed through the leather ; the weather was
cold ; and some snow on the ground. What made me so particular
was, I thought it was too much for her to do. [Several irrelevant
questions were put to this witness about her mother’s death, &c. but
becoming faint, her further cross examination was suspended, and
she retired from the court room, and was not again called to the
stand.]

Dr. Strong — [of Boston]; called on Sarah B. Jay on Saturday
afternoon, after reading the article in the Morning Post ; it was the
first Saturday in May ; I had procured a girl for Mr. Pike and did
not know but this might be the one, and I thought I would see about
it ; I found her lying in bed ; her stomach and bowels were very
much deranged, I am satisfied ; I could not help being struck with
one circumstance which appeared to me to be very remarkable :
when I first attempted to examine her, she manifested the greatest
symptoms of suffering, but all at once they subsided, and she sub-
mitted quietly ; I really thought it something very singular ; I was
unwell, and did not make much examination, the first time ; she had
some cough ; I asked Dr. Jackson to go with me the second time ;
we were obliged to use percussion ; she complained a good deal, but
after the first got over it ; the mass of the disease was in the abdo-

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men, and I thought the liver was enlarged ; stomach and bowels
very much disordered ; her feet laboring under ulceration from chil-
blains; the feet had not been frozen; I have seen limbs which had been
frozen, and there is a redness, and swelling and extreme tenderness ;
but in this case there were none of these appearances, but simply chil-
blains. Upon stripping her, found no marks of bruises. I supposed the
child was sick in the ordinary Providence of God; I have never seen a
child with chilblains so bad before ; they are very painful before they
ulcerate ; I have known them to lay people up. I thought she had
a scrofulous temperament, or habit ; In such habits, the local health
cannot be restored until constitutional health is established ; there is
an appearance of the skin by which we judge of a scrofulous tem-
perament. The feet would have contradicted all my experience, if
they had been frost-bitten ; I thought the child required an alterative
treatment ; I saw nothing from which I should infer bad treatment ;
I think I have seen cases, generally resembling this, where there has
been the kindest treatment. There is nothing more irritating to
chilblains than urine. I went there with the determination of not
hearing what was said ; I did not give Mrs. Howard to understand
what I thought of the child’s state ; I answered her inquiries as
vaguely as I could ; I told her, I think, that the sores on the feet
were from chilblains. During the time I was attending her, I was
myself taken down with the variolid, and was attended by Dr. Shat-
tuck, and often thought of asking him to attend to the child, but it
always slipped my mind, when he was present. I was finally taken
down to Rainsford Island.

Dr. Shattuck — [of Boston, called by the plaintiff] I had heard, that
a child had been abused, and was asked to go and see it, but I
refused to go until I received a letter from Mr. Pike, to visit it ; I
went in consequence of the popular rumours, hot and strong, that
were raging like an all-consuming fire over the reputation of the poor
Schoolmaster, Master Pike, as we used to call him twenty years ago.
I thought the best refutation of the calumnies that were over;
whelming him, would be to set the poor cripple to walk ; and I verily
believed that when the little cripple was seen walking about, the
rumours so disadvantageous to my friend Mr. Pike, would die away
like a nine days’ wonder. I first examined the feet, which I expected
to find in a bad state, and found that they seemed to have been
affected with cold, and there was a sore on the little toe ; but there
was deep disease in its stomach and bowels, compared with which
the sore feet, or the loss of a toe, would be but as a drop in the
bucket. There was deep disease in the abdominal viscera, which
required the most active and expensive medicines, and the best skill

ON ALFRED W. PIKE

of the physician. Heats and colds are the exciting causes of that
disease. There was nothing associated with the appearances, to
indicate abuse, at the time I saw the child. I think it was two or
three days after Dr. Strong’s last visit that I saw her first. She was
then labouring under deep disease of a chronic character ; it was
evidently a case of deep-toned suffering; there was great morbid
irritability; her legs were thin — spare; and she was very much
emaciated. I have attended Mr. Pike’s family, at different times, in
Boston; I cannot say how often, for the instructor of youth and the
preacher of the Gospel, I never made a mark against from the first
day I commenced the practice of my profession. Alternations of
heat and cold are a sufficient cause of chilblains ; I prescribed for her
feet creosate, so called from the Greek, and signifying flesh-healer. I
inquired into the disease of her father, and I’m quite sure her mother
told me that he died of a scrofulous consumption. T could not judge
how long she had been sick.

Cross examined. I usually saw the child in bed. I considered its
diseased feet as trifling, compared with its deep seated disease in the
abdominal viscera. I considered its life in danger, and as I before
observed, she required the best medical advice.

[The close of this day was taken up by a further examination of
witnesses respecting Mr. Pike’s character as a schoolmaster. — See
page 8.]

Thursday, Nov. 26.

Witnesses called by the Plaintijf to rebut the Testimony introduced by

the Defendants to sustain their charges against Mr. Pike.

Mrs. Gould — wife of the keeper of the Topsfield alms-house — Some-
time last year, Mr. Pike brought Sarah B. Jay to the alms-house —
Mrs. Pike and a little boy came with them — was comfortably clad —
had a factory gingham gown, short sleeves, white woollen stockings —
a woollen skirt, a warm one — shoes good, but run down to heel
— and a good shawl. — She looked pale, and was not fleshy — the child
was pleased — we have feather beds, coffee in the morning, meat at
dinner, milk at tea. The girl was lively and low alternately — would
be playing with the children, and all at once, would be down sick —
she often wanted to sing. I’ve seen sorer feet before.

Cross-examined — I furnished her shoes that kept up at the heel — I
furnished her a change of linen — Mr. Pike left no clothing for her
— the nail part of her little toe was gone — the others were sore.
When she left the alms-house, I put on her old shoes. I never washed
her feet, but I furnished her with warm soap-suds to wash them with

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herself — I took off the cloths, and put them on again for her — I
would sometimes stand by and see her wash them in the warm suds,
but put nothing else on them — no ointment. At times she appeared
as well as the other children, then she would say she was sick, and
complain of her stomach, and I would give her molasses and water.
She said she was sick, but I think she made it, because if she had
been sick she could not have eaten as she did, and played. At first
I thought she was sick, and gave her the molasses and water, but
afterwards I did not give her any. I did nothing for her in conse-
quence of her complaining of being sick. She would, after playing
in the kitchen, come to me, and ask to sit in my room, because she
said the children made too much noise in the kitchen. I did not
allow her to sit in my room when she asked to. Once or twice she
sat there, when she did a little sewing for me, but not at any other
time. She would play for hours, and then in a few minutes would
be asleep — she had rags on her feet when she came, and I put on
other ones. She wet them two or three times, and dirtied her clothes
once. There were lousy people in the alms-house — I combed her
head, when she first came, but found no lice upon her.

Thomas Gould — [keeper of the alms-house.] She had a cloak, when
Mr. Pike brought her, which he carried back — Mr. Pike said she had
conducted in such a way as to spoil most of her other clothes, but I
might have what was left by sending for them. She looked pale
and thin, sore feet, &c. — She would eat hearty when there was meat,
but did not seem to eat the bread and milk so well. We did not
consider that she was sick ; was lively and would play and sing
some. When she went away, her feet were getting better — I did not
think she required a physician — If I had thought so, I should have
sent for one. She defiled herself a few times, but not much after I
spoke to her. — She wet the floor once, and laid it to a small boy.
The day of her departure from the alms-house was pleasant — I
believe she was there eight or nine days — I left her at Mr. Pike’s for
the stage to take her.

Cross-ex. — The pumps she had on were not suitable for well
feet, but were better for her sore feet than another pair — they were
flat down at the heel as if worn down — we put on a stouter pair, that
we could get on to her heel — when she went off, we stuck her feet
into the pair furnished by Pike, and carried her off in that state.
Both the children and the old folks in the alms-house had lice in
their heads. She complained of her stomach — I don’t recollect that
any prescription was made for her — the child was pretty thin, much
thinner than the other children. I put a shawl around her, and took

ON ALFRED W. PIKE

her over to Mr. Pike’s, in an open wagon, and brought the shawl
back. I never went to Pike for the clothes, nor he never sent any.
I never saw that she had any bodily disease about her — at times she
would alter her voice, and talk in a whining tone of voice.

Jacob Tenney — [stage-driver]— I carried the girl to Boston from
Mr. Pike’s — I think it was a warm pleasant day ; I told Mrs. Pike, I
thought it was not necessary to put a cloak on her when she asked
me — that her shawl would be enough as it was warm pleasant day
— she did not complain, but looked pale and sickly — she was bright
and lively on the road — and I heard her singing — there were other
passengers in and at Lynn I told her to keep still. When we got to
Boston, I did not mind that she had any difficulty in walking.

Cross-examined. — I recollect it was muddy — the sun shone — I have
no recollection that any request was made to have any one look after
her — I think I did not drive up to the door with the child, but stopped
at the corner, and set her down on the sidewalk — two women, I think,
were coming out of the house in Myrtle street, to receive her, when
I left her.

Dr. Stone — I saw the child the day she went to the alms-house,
accidentally, as she was leaving Mr. Pike’s house — I made no exam-
ination regarding her health ; but seeing that she was pale and much
emaciated, I looked at her tongue — it was perfectly clean, and I per-
ceived no indications of disease about it.

Cross-examined. — I was not sent for to see the child — I happened
into Mr. Pike’s accidentally.

Miss Hannah French — [teacher of a female school in Boston] — I
live in the next street to the child’s mother — saw the child soon after
she returned — I had a particular request, through my father, from
Mr. Mead, to see the child — I expected to find her in the last stage
of consumption, but I found that she was not worse than many chil-
dren, who have had the best of treatment. The mother declined re-
moving the bandages, because it would give her child so much pain,
but she showed me a part of the toe, and gave me to understand that
all the rest were as bad as that. The mother said the feet were
frozen ; I went there again afterwards in company with Dr. Strong.
I saw the feet then, and I was very much surpised that they were so
well as they appeared to be — I was convinced they were chilblains,
and said so to Dr. Strong — I had been led to expect the whole feet
as bad as the toe. I was very much astonished at discovering the
artifice and cunning of the child in affecting weakness — I would
sometimes find her sitting up, lively and eating, and when she ob-

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served me, would assume the airs of languor [here Miss French gave
an imitation of the child’s supposed languid affectations.] I would
go in three or four times a day and discover these marks of affecta-
tion. Three or four weeks after she came to Boston, I saw her play-
ing in the street, and I said to her, ”you are not so sick then, little
girl, as you were,” but she made me no answer, and ran into the
house. The mother told me that unless the passengers had put some
things on her she must have suffered. The mother said the child
was comfortably clad, when she went to Mr. Pike, but she came back
very thinly clad, and said Mrs. Pike had kept back a black silk gown
she had when she went away. I had all the excited feelings of the
neighborhood against Mr. Pike, when I went to the house to see the
child first. I have charge of a female school.

Cross examined — I live about the 16th part of a mile from Mrs.
Howard. — When I went there first, I found the mother, and her chil-
dren and an interfering old woman, who answered the questions for
the child, and remarked about the case — the little girl was sitting in
a chair — when I visited her I usually found her eating — either an
orange, or cake, or pie — I did not examine her arms, or body to see
if she was emaciated — I saw the side of her foot — it was not in so
high a state of inflammation as I have seen — I have had chilblains
as bad myself — the ulcer extended from the side of the foot to the
toe — I did not notice that a joint of her toe was gone. Her feet were
not in so bad a state, to look at, as her eyes now are in, from the
abuse of her mother, I suppose. The child looked pale and languid.
On my first visit my sympathy was much excited — I thought she had
been abused — I visited her the next day, once or twice. Perhaps on
the fourth or fifth day, I discovered the imposition of the child — I
was disgusted with the deceit practised. Mr. Mead showed me a
piece in the paper, and said there ought to be something about Mr.
Pike right under it — I told him to be careful — Says I to him, "Mr.
Mead, be careful ; be careful what you are about ; this affair will be
investigated — you don’t know the truth of this matter yet, perhaps.”
I thought the child out of health, but not alarmingly sick — there was
great excitement among the neighbors, and the mother and the talk-
ing old woman used every means to increase the excitement. People
were expected to make themselves welcome — I carried something —
I can’t say now what it was — I do not charge my memory with such
things.

SaltonstalL — While you were thus obeying the Christian injunction,
of not letting your right hand know what your left was doing, did
you think the child was an imposter?

[The witness does not answer, but stands mute.]

ON ALFRED W. PIKE

Saltonstall. — Did you discover that she was an impostor before or
after you carried that '’something?”

Miss French. — I gradually discovered that she was deceitful. I
stated to my own family my opinion, but did not disclose it at the
child’s house, or to her mother. I continued to visit there often.

Saltonstall. — If you believed her to be an impostor, what was your
motive for continuing your visits ?

Miss French. — I possess a persevering disposition, and when I un-
dertake any thing I like to go through with it, and I was determined
to find out if she was an impostor.

Saltonstall. — Then you went for the amiable motive of detecting
her, did you?

[The witness returns no answer.]

Saltonstall — Can you recollect how many times you went for that
amiable purpose — was it three, four, five, or six times?

Choate. — Your honor, I declare I must interfere for the protection
of that lady.

Saltonstall. — And I must have an answer — I expect the lady knows
for what purpose she is called upon that stand.

Miss French. — I expect I have got to tell the truth.

Saltonstall. — Well, how long did you continue to go there?

Miss French. — For three or four weeks.

Saltonstall — When did you tell Mr. Mead this matter was to be in-
vestigated?

Miss French. — I gave the caution to Mr. Mead the day the piece
came out in the paper — it was before Dr. Strong visited the child —
Dr. Strong went that afternoon.

Mrs. Cushing — saw the child on the 2d of May — was surprised to
see her so well, after what I had heard — I thought her health feeble,
but she had an appetite ; I saw her twice ; the second time she was
eating some gruel, with a cracker in it. The mother said she wore
home but two articles of dress, and that the driver or passengers in
the stage offered her clothes. I said to the mother, providentially it
was a warm day.” She said the child had a silk dress and one or
two silk dress aprons from Mrs. Colby, which she had not brought
back. I saw the child very soon in the street, considering what they
said of her illness, and I told the child so. I said to her, I was sur-
prised to see her out so soon.

Cross Examined. — I thought the child was very feeble, but she ap-
peared to have a good appetite. The mother stripped up her night
dress sleeve, and she appeared emaciated. The mother said she had
no petticoat on, when she came back.

THE TRIAL FOR AN ALLEGED LIBEL

Mrs. Martha Williams. — [Mrs. Pike’s mother ;] I was taken sudden-
ly unwell last Saturday ; I recollect when Benizette [Sarah B. Jay’s
middle name] came ; I was below almost every day ; Mrs. Pike was
not sick for three or four days before we left Boston ; Sarah’s work
was to help wash dishes, sweep up kitchen, scour knives, &c. Ever
since I resided in the family, I have had the entire care of mending
the stockings, Sarah’s among the rest, up to the time she left, and I
have remarked that the toes of them were generally better than most
of the others ; she had three woollen pairs ; I saw the girl every day
almost ; never saw her out doors with her toes out, or in the house ;
never noticed her shoes particularly ; they were thick ; after her feet
became sore, she complained her shoes were too small, and she then
wore one shoe, and one India rubber ; I have often heard Mrs. Pike
forbid her to go out for water ; it was a standing rule that she should
not go for water ; her feet were then sore ; never saw her go for
water ; the other girl went for the water ; never saw more then one
pail used for bringing water ; Benizette was as well dressed as the
other girl ; had a comfortable woollen skirt ; three calico gowns, be-
side a gingham one ; had a silk dress made up in Boston ; I have
heard Mrs. Pike speak to Benizette about her dresses, which were
not made up ; they were basted together ; Mrs. Pike used to tell
Benizette she should have them if she behaved well.

Benizette slept in the middle chamber of the 3d story, with the
other Sarah ; Benizette and Sarah slept together a number of weeks ;
one morning I found Sarah sleeping outside the clothes, because there
was both wet and filth in the bed. Then the straw bed was taken
out, and made up by the side of the other one ; it was doubled ; she
had two sheets, a blanket, and a woollen quilt twice doubled ; and
there was a quantity of bed clothes in the chamber besides. I have
heard Mrs. Pike repeatedly ask Sarah to see that Benizette was tucked
up comfortably ; this was after Benizette kept herself continually in
a bad state ; both of wet and filth ; those habits continued as long
as she staid there. Mr. and Mrs. Pike talked to her and tried to per-
suade her ; Mr. Pike whipped her with a small rod ; seen him shake
her and box her ears ; she left her filth in the chambers, in Mr. Pike’s
study and in the stairs ; she came down one morning with her hair,
cheeks, eye, and edge of mouth covered with it. As soon as she was
cleaned, in an hour or two she would be wet and filthy again ; her
feet had bandages part of the time ; her food was the same general-
ly as the rest of the family ; she was not required to work, they only
wanted her to behave decently.

Cross examined — I have seen her go for water, and have heard her
called back ; she was active in doing more than was required of her ;

ON ALFRED W. PIKE

to be sure she did a great deal more than was wanted of her ; It was
six and might have been ten weeks, when she fell into those disgust-
ing habits. She was often sent to her chamber and told to stay
there, because she was not fit to be seen ; perhaps an hour at a time ;
not to my knowledge, a day or a day and a half a time ; I can’t say
but what I heard Mr. Pike say he had sent her down into the cellar
for exercise ; perhaps two or three weeks before she went to the
poor house ; don’t know how long Mr. Pike kept her there ; she
never went to meeting nor Sunday school ; she appeared to have
her health, but was pale and emaciated ; I don’t know that any one
had the care of her before she left ; when questioned she would say
she didn’t want to be a good girl ; I saw Mr. Pike administer the
assafoetida ; he gave her a little piece ; told her to chaw it up ; said
it would do her good ; I did not see that she made much objection ;
heard it was not a great while before she went to the Alms-House ;
I don’t recollect ever hearing Mr. Pike threaten to put a hot fire
shovel to her body ; I don’t remember that she ever hid herself in my
closet ; she often staid in my chamber.

Sarah Knoivlton — lives in Mr. Pike’s family ; I heard Benizette’s
mother tell Mrs. Pike, that she had a bad temper, and she wished
her to conquer it [the witness confirmed in every particular the testi-
mony of the preceding witness respecting her clothes and said] I
had out-grown my silk gown and it was made up for her in Boston ;
Mrs. Pike furnished her with a calico and gingham gown, but would
not have them made up, because she was so dirty ; little Joseph was
clothed no better ; his skirt was not so thick and warm as hers.
They bought her a pair of calfskin shoes, and she wore them till her
feet got so bad, that she could not wear them any longer ; she then
wore an old pair, but there was no holes in them ; she was not
allowed to go for water at all after her feet got so bad ; she never
took two pails, because we had but one which we used to bring
water. Her feet were washed in warm water and rum ; I used to
attend to her feet ; put on cold cream once ; she kept her feet wet
most all the time ; her food was the same as the rest of the family ;
except when she had been taking salts, when Mrs. Pike made gruel
for her.

She used to leave her filth in every part of the house and in Mr.
Pike’s study — sometimes she would say she did it because she was a
bad girl— sometimes she would say she did not want to go out be-
cause she was ugly — sometimes I would go out with her, and stay a
good while, and she would not do any thing, and as soon as she got
back to the house would dirt herself — On the morning she went
away to the alms-house, the same thing happened, while I was dress-
ing her by the fire in the kitchen.

THE TRIAL FOR AN ALLEGED LIBEL

Sometimes Mrs. Pike would not let her have any cake, or pie, or
any dainties, and would say she should not have them until she
behaved better, and was clean. [The witness stated, that the child
would tear up her linen, and the sheets from her bed, and from the
witness’ bed, and roll up her filth in the pieces, and throw them into
the cockloft, behind the boy’s trunks in their chambers, and between
the sacking and tick of the witness’ bed. On the point of the child’s
habits, the testimony of Mrs. Williams, Miss Pike, and the witness
corresponded in every particular. They all stated that there was no
fire kept in the chamber in which the child and the witness slept.]

Cross examined. — Nothing of her foul habits in Boston ; not till
eight weeks after we got to Topsfield ; Mr. Pike would slap her ears ;
once he sent her into the cellar for exercise, he said ; Mrs. Pike
would order her into her own chamber to keep out of the way till the
boys went to school ; she did not go to meeting, nor Sunday school ;
nor I till after she left ; once she complained of being sick in her
stomach and said she had the headache ; she was kept in her cham-
ber all day, and Mrs. Pike gave her an emetic ; no physician was
ever sent for ; her appetite very great, and increased ; although she
continued to increase in eating she lost flesh ; when Samuel was sick
he was as pale and thin as she was ; he had the doctor ; her bed was
not moved or changed after the first three or four days ; the sheets
used to be dried, and the sun used to shine on her bed as it lay. She
had seven thicknesses on her bed for covering. She was only de-
prived of meat when taking medicine : I remember one night when
she escaped from the cellar, and hid herself away in a closet .in Mrs.
Williams’ chamber ; we missed her at supper ; there was a great up-
roar and excitement ; it was after nine when she was discovered ;
one of the boys heard her breathing in the closet ; it was a very small
one, and she had got under a shelf, and was not seen the first time
the closet was opened ; I do not remember that Mr. Pike sent for
some rum to pour unto her sores after we found her ; I don’t remem-
ber that he ever threatened her with a hot shovel ; Mr. Pike did
nothing but talk to her, when she came out ; Mrs. Pike gave her
salts because she was very humory indeed. She was deprived of pie
or cake sometimes, after she had behaved ill, which was not till as
much as eight weeks. It was not very frequently that she had to
live on water gruel.

Miss Martha Pike — [daughter of the Plaintiff] — mother was not
sick just before she left Boston ; it was about four or five weeks ;
Mrs. Howard came just after ; I heard her say that Sarah [called
Benizette by Mrs. Williams, and the other Sarah] had a bad temper;
or an ugly temper ; I remember particularly, that once her mother

ON ALFRED W. PIKE

asked my mother, if she had seen anything of her bad temper, and
mother said no ; her mother said she always had sore feet in the
winter, and said she was laid up three weeks, the winter before ;
when we left her father bought her a box of ointment for her feet.
The shoes she wore away were dancing pumps that belonged to one
of the boys ; he only wore them two or three times ; we sent out to
get a pair to suit her on account of her sore heels, but could not find
any ; the pumps were put down at the heel on account of her sores ;
she had a pair of India rubbers too, for the same reason ; she always
liked to pump, though not allowed to after her feet were sore ; she
ate the same kind of food as the rest, only more. I have often heard
mother give Sarah directions to cover up Benizette, because she used
to go to bed early. [The witness gave the same account of the child’s
personal habits as the other witnesses ; she also confirmed them in
every particular respecting the child’s clothes and bed covering.]

Cross Examined — Her feet were quite sore a number of weeks ;
were better when she went away than before ; she appeared to be
very well when she came ; not very well when she went away ; would
complain in the morning of headache, and then eat a hearty break-
fast ; we did not think she needed a physician. I have seen father
whip her with a stick ; once two mornings running ; this was two or
three weeks before she left. I remember when she was found in the
closet ; she was always sent up stairs, except when the boys were in
school ; when they went to school she was called down, and sent up
again at the intermissions, so that the boys should not see her. It
was at the end of January, or the beginning of February, The morn-
ing Benizette came to our house from the Alms-house, to go to Bos-
on, I did up her clothes in a bundle ; My mother knew of it ; my
father was in school ; I did them up while Benizette was there ; I
laid them by her side in the kitchen, while she was waiting for the
stage. She went without them ; they were entirely forgotten till af-
ter the stage had gone ; there were three calico dresses, one skirt,
two pair of stockings, pantalettes, several aprons and linens.

Sarah Knowlton re-called — I saw the bundle of clothes in the kitchen ;
they were done up in brown paper, and tied with twine.

Joseph Ware— Boarded at Mr. Pike’s last January ; Sarah Benizette
had the same food as the rest of the family ; she used to eat in the
kitchen with the other girl ; Mrs. Pike would tell her if she had not
enough to come up and she would give her some more.

Dr. Cleaveland, of Topsfield — I don’t know that I ever saw this
girl ; Mr. Pike told me about her habits ; assafoetida is perfectly
harmless ; I think I told him I had known it to be given with good
effect. I should think her habits would affect her health, as cleanli-
ness is essential to health.

THE TRIAL FOR AN ALLEGED LIBEL

Cross examined — I signed the certificate ; I never called as a physi-
cian to see child ; Mr. Pike called more than once about her ; I had
advised him to send her home.

Dr. Stone, re-called — Her habits must have affected her health, and
would naturally produce marasmus; that is, much emaciation.

Mrs. Howard, re-called — I frequently told my neighbours, that Mrs.
Pike was good to me and my child in making presents of little articles
of dress. My husband told me he had seen Sarah in a black silk
gown, and I supposed she received it from Mrs. Colby ; I never told
Mrs. Cushing that the child wore home no skirt ; I don’t know that I
mentioned the skirt to her. My child got her sore eyes at school.
[See an observation in Miss French’s testimony, page 32.] They
were so sore that she could not go to school, and when I went to the
school to mention it, the lady that kept the school told me that the
eyes of a great many of her scholars were sore, and affected in the
same way, but generally not so badly ; I think she said more than
half of them had sore eyes. At first I used to urge people to see my
child’s feet, and would show them, till Dr. Shattuck advised me not
to do so. I don’t remember telling Dr. Shattuck that my husband
died of a scrofolous consumption — I have said he went away insane,
and that I did not know that he was dead only from what I had read
in a newspaper.

Friday, November 27.

Mr. Saltonstall this morning entered upon the closing argu-
ment for the defendants, by observing, that it was a subject of con-
gratulation, to all parties, the court, the counsel, and the jury, that
the termination of their labours approached, though he was not aware
that the case had taken up more time than was necessary, consider-
ing its great importance. Mr. S. then proceeded to comment on the
evidence in a most impressive and convincing manner ; he admitted,
that Mr. Pike, the plaintiff, a public teacher, stood well in the com-
munity until this difficulty but that it was his misfortune, by his own
conduct, to have exposed himself to severe remark. He would con-
tend that the charges against him were true, and that the defendants’
pleas in justification had been substantially made out. Malice was
essential to the maintenance of this action, and the jury would in-
quire into the motives and intention of the defendants in visiting the
scene of excitement in Myrtle street ; and if the jury should find that
the proof did not come up to the strict letter of the libel, they would
only find such malice as the law itself presumes, and would only give
the very smallest amount of damages. The jury would perceive

ON ALFRED W. PIKE

by reading the article, that the writer claims its publication for the
sake of humanity. Mr. S. reminded the jury that the child behaved
well till after she had been at Topsfield 7 or 8 weeks, when she un-
accountably obtained a most extraordinary victory over Mr. Pike
and all his family — according to the testimony of the members of
the family — she obtained this victory over one, whose business for
20 years has been to control and govern, and suddenly sunk into the
lowest degree of loathsomeness — whether from physical disease,
mental aberration, or imbecility, or stern sullenness, the jury would
determine from the evidence. She was then put into the alms-house,
and was not sent from there by any agency of the plaintiff. It was
also proved, that all the time the child was at the plaintiff’s, she was
never sent to church or sabbath school, and thus her mind and heart
were deprived of their proper aliment ; and to deprive a child of her
tender and peculiar age of all advantages for the formation of char-
acter was as great cruelty, as to furnish her with indifferent food.
The jury, he hoped, would bear in mind, that the child was not eight
years of age when these acts of neglect commenced. Mr. Saltonstall
considered that the question of the credibility of Mrs. Howard, the
child’s mother, lay at the foundation of the case, and would descend
to that point with great alacrity. I call upon you, said he to the
jury, to say if she be not an unimpeached and unimpeachable witness;
and if she had been impeachable, with what pleasure would not Miss
French have attempted it to aid Mr. Pike. He referred to the testi-
mony of Mrs. Colby, that the child was honest, cleanly, and amiable,
but lively and prattling — how conspicuous, too, had been the frank-
ness of the mother. All the witnesses declared that she was healthy
when she went to Mr. Pike’s, and the change in her habits was a
prodigy that could not be explained by any supposition, but a neglect
on the part of Mr. Pike or his family. Unless she had been bound,
it would have been his duty by law, to have returned her to her par-
ent, without any contract to that effect. But there was an express
contract, that if the child was sick, or either party were disatisfied,
she was to be sent home. Even had she been all they describe her,
it would have been his duty to have taken her home, in a chaise, a
wagon — aye, a scavenger’s cart, surrounded with guards or police
officers. But long before there is any complaint of her habits, she
was seen by many witnesses drawing water at the pump and in the
yard exposed, and dirty — they all paint the child as a poor neglected
thing, worse than a Southern slave, and then when, by the testimony
of the physicians, she was suffering from deep disease, in her stomach
and bowels, he tipped her over into the alms-house for fear she would
die upon his hands. This matter of the alms-house, was the very
gist — the very marrow — the head and front of this charge against

THE TRIAL FOR AN ALLEGED LIBEL

him. He did not even notify her mother till the overseers compelled
him by their refusal to keep the hapless being in the alms-house. It
was cruelty to put her in the alms-house, even if her conduct was as
bad as stated ; she was but a child — a young child — and it was his
duty to have guarded against its habits — it should have been treated
as a fatal malady; and if he found he could not check her, he ought
to have sent her home. It was a point worthy of notice, that neither
before nor since that time, when under other hands, nothing of the
kind occurred, and even in the alms-house, where at least she had a
comfortable bed, improvement became visible. At Pike’s, sick though
she was, for punishment, she was deprived of her meals, of meat, of
pie, or cake — cuffed, slapped and beaten with a rod, — and confined
eighteen hours in her chamber, without fire ; for it is in evidence,
that she was kept there all the time the boys were not in school.
They say she looked as pale as Samuel, when he was sick and had
the doctor ; and Mr. Pike ought to have called in a physician to see
her, and ascertain if any physical difficulty existed. The child must
have suffered the greatest agony, before she was sent to the alms-
house, said Mr. S, with the chilblains. What must she have suffered
from an ulcer that actually destroyed a joint of a toe! We all know
that mere chapped hands will sometimes keep grown people awake
all night ; and if this child had been Mr. Pike’s own, it would have
been laid on the bed, with a fire in the room, and nursed and attend-
ed. Did she come home properly clothed ? Was she not deeply dis-
eased ? The whole evidence proves it. It is true, that Miss Hannah
French, contrary to all the Doctors, by her superior shrewdness, dis-
covers that the child and its mother are only playing a part — by her
deep penetration she detects what no one else suspects. Judge, gentle-
men, if her opinion does not originate in a desire to appear wiser and
more knowing than anybody else. You saw her manner on the stand,
and I have no doubt you marked her testimony. Her conduct and
openly avowed motives should of themselves affect her credibility.
If further evidence of her feelings be wanting, let us recollect her
gratuitous insinuation, that the child’s sore eyes which we have wit-
nessed here, were produced by the abuse of her mother.

When at the suggestion of Miss French, Dr. Strong goes there,
does not the mother at once consent to an examination. He tells us
of no disguise.

What does Dr. Shattuck say, when he tells you he went there at
Mr. Pike’s request, and found so much disorder in the very seat of
life, that he paid no attention to her feet. He comes on to the stand
as an avowed friend of Mr. Pike, and if he had not avowed it, you
must have perceived it, but he came on to the stand, too, to speak
the truth, the honest truth, unreservedly. No. Dr. Shattuck, who,

ON ALFRED W. PIKE

under Providence, was the means of saving the child, suspected no
sham ; and he even administered to her such active and energetic
medicines as the urgency of the case demanded, and which, from
their powerful character, must have destroyed her life if she had been
a well child, instead of being reduced to the last stage of debility ;
and when the question is directly put to Dr. Jackson, he replies ''that
she was altogether too sick to play a part.” Mr. S. reviewed at length
the medical testimony, and put it to the jury, whether, in the very
language of the libel, the child was not "reduced to the lowest state
of wretchedness.” Passing somewhat cursorily over the other parts
of the evidence, he adverted to the charge of "brutal cruelty,” again.
— He contended that the charge was true to the letter : In the first
place, taking no account of other punishments, is it not proved,
and not attempted to be denied, that he compelled the child to take
assafoetida, the most nauseous of all substances except one, which he
afterwards administered, and as he says, without her wincing. What
does this fact, so disgusting, so revolting, prove, but her entire sub-
missiveness— that she had no power, no hope of resistance ; yes, her
taking it only proves how enterely she was broken down, in body
and mind, by a long course of cold and blighting neglect. This fact
alone, said Mr. Saltonstall, would justify the whole libel. It is im-
possible to forsee what may be said on the other side ; they may tell
you of his good character, his unblemished reputation, his standing
in society, and the feelings of his family ; but I would ask, what
damages are due to the feelings of a man who could make a child eat
her own excrement? But, gentlemen, before you think of giving
damages, you will look into the heart of the defendant for his motive.
What motive could he have had but of humanity — of duty — to do as
he has done? Was it not one of the cases in which the press should
have spoken in a voice of thunder?

Mr. SaltonstalVs argument occupied about two hours, and pro-
foundly engaged the attention, of the Court, the jury, and a deeply
interested audience during the whole period of its delivery. As soon
as he closed, he was immediately followed by

Mr. Choate, who commenced his closing argument for the plaintiff,
by observing to the jury — "all your verdicts, gentlemen, during the
present term — all the cases you have tried and all the justice you
have dispensed, are of no importance compared with the justice which
now remains to be done to this deeply injured man, who has been so
remorselessly assailed through the columns of one of the keenest
and most widely circulated journals in the country ; and the same
foul charges, and false, have been re-written on the Records of this

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Court, by the pleas, seven times over, and will there outlive even the
Morning Post. To the plaintiff it was a case of life and death. Mr.
Choate was willing to admit that the plaintiff had made two or three
mistakes, but the evidence entirely failed to make out a single act of
cruelty. Yet cruelty — "brutal cruelty” — is the general charge ; and
to say that these mistakes, which no man more than the plaintiff
himself regrets, amount to such cruelty, is a deadly and ferocious
libel, and whenever it is read and believed, my client’s occupation is
gone ; for a parent, who shall believe him guilty of the acts charged
would sooner send his son into the forecastle of a Portuguese slaver,
than entrust him with Mr. Pike ; or he would strive to rescue a
daughter from his grasp, as desperately as he would struggle to
rescue her from an Indian captivity. He is charged with keeping
the child for five long months on Indian meal — if true, his conduct is
low, blackguard, lousy, and beggarly; but there is not a line of
evidence, that she was not well fed. It is said she was compelled to
sleep on a straw bed, without covering, till her hands and feet were
frozen : What becomes of the man of whom this is believed in the
County of Essex? Mr. Choate contended that the article was false
to the letter, and false in spirit ; because it gave no intimation to the
reader that the girl was a prodigy in character. This omission was
of itself a great falsehood. Not a reader of the paper could ever
have imagined the unheard of situation of Mr. Pike and his family.
It is said she slept on straw : why not tell the reason w^hy it was
necessary for her to sleep there? Mr. Choate dwelt at length upon
this point, and contrasted the evidence for the plaintiff and the de-
fendants respecting the treatment of the child during the early part
of her residence in Mr. Pike’s family. He observed, that he believed
that all the witnesses, except Sarah Phillips and the washerwoman,
intended to tell the truth, though they might labor under some
natural bias; but those two were the only witnesses who had sworn
to falsehood designedly. I thought, said he, that she fainted soon
after saying she saw the child’s toes out, and not after the ques-
tion respecting her unfortunate mother’s death. Mr. Choate aban-
doned entirely the ground, that the child had been playing a part,
and did not attempt to explain, even once advert to the testimony
of Miss French on that topic, although in an earlier stage of
the trial, he gave notice that he should argue the cause to the
jury on that ground. With respect to sending the child to the alms-
house, and not home to its mother, he admitted that the plaintiff
could not sustain himself in an action on the contract, yet knowing
as he did, the extreme poverty of Mrs. Howard, and that she was
about to be confined, he m.ight see in that circumstance a powerful
and humane motive for putting her into the alms-house, father than

ON ALFRED W. PIKE

sending her home. He must have remembered Mrs. Howard’s declar-
ations, that her husband never expected to have to maintain this
child ; that she was not at home when she married him, and that she
was for this reason, and her bad temper, for that was the character
she received from her mother — and think what a child she must have
been to have wrung such a character from a fond mother’s heart —
such a mother too, as we have seen her to be — and for this reason,
she was the cause of great domestic difficulty. To keep her in his
own house longer, was impossible ; and he thought that a husband,
poor as Mr. Howard is allowed to be, and rendered fretful by a new
charge of his own, might be still farther exasperated by an additional
burthen that had already rendered herself disagreeable to him. I
admit, gentlemen, that the contract to send her home was binding
on Mr. Pike ; but I do verily believe that he was actuated by the
purest motives that ever prompted man, in not sending her there.
Mr. Choate considered that the medical testimony in the case nega-
tived the inference that her condition was the result of any harsh
treatment she had received — not one of the doctors, said he, could
infer from the mere appearances only, that it was a case of neglect
and cruelty. It was proved that she had a scrofulous temperament,
and that fact was sufficient to produce the emaciated condition to
which she was reduced. Every thing about the case was infelicitous
and calamitous in the extreme. Mr. Pike and his family thought she
was stubborn, sullen, and not ill, from the circumstance of her great
appetite ; for it was in evidence that when Mrs. Pike thought she
was sick she medicated her. In this point of view, two other cer-
tainly unpleasant facts in the case, which have been made to assume
great importance in the pleas and arguments, admit of some excuse,
if not entire justification. He alluded to the substances Mr. Pike
made her put in her mouth. The assafoetida was undoubtedly ad-
ministered as a disciplinary measure — to effect a moral reform — to
conquer the will — for they did not attribute her conduct to disease,
which it is now useless to deny probably existed. With regard to
the other matter, the jury would hesitate before they would convict
the plaintiff of the whole libel, for that one ill-advised act. The jury
would look at the plaintiff’s situation — tried in a way no mortal man
was ever tried before — they would remember his threat to do it, and
her continued contumacy, as he supposed — and, under such circum-
stance, see some considerations to mitigate the act. They surely
will not drive him out of the world — outlaw him — for one injudicious
act ; for that must be the effect of a verdict which says the charges
in the libel are true.

Believing, the defendants had entirely failed in their justification,
and that the plaintiff’s case was established beyond a doubt, Mr.

THE TRIAL FOR AN ALLEGED LIBEL

Choate adverted to the damages, which he had a right to expect ;
and it was fortunate, he said, the defendants could pay even the
entire sum claimed.* To estimate the extent of injury sustained by
Mr. Pike, it must be recollected, that the Post was a leading political
paper, at the head of its class, and circulated all over the country ;
that on account of its wit and the general ability with which it was
conducted, it was sought after and read by many who did not sub-
scribe to its political doctrines ; and that in its matters of general
intelligence, and in its criticisms, it was considered as speaking upon
its honor and authoritatively, and was therefore fully credited, aside
from its political views. It should be recollected, that in this in-
stance, they had stepped aside from their main business as political
partizans, to attack the plaintiff, a private citizen, and exercising a
private calling. He would have the press pour forth its blasts as
free as the mountain storm on political men ; but there he would
have its licentiousness stop. He would not in the present case go
for express malice, but for gross carelessness in the use of a great
instrument — a precipitate movement on the part of the defendants
that was death to the plaintiff.

[Mr. Choate’s argument occupied about five hours in the delivery,
and was distinguished throughout by great ingenuity, and presented
every fact in the case favorable to the plaintiff in the strongest pos-
sible light. His principal object was to satisfy the jury that the cir-
cumstances proved by the defendants, in justifxcation, did not meet
the issue presented in the libel, and the plaintiff therefore stood upon
the law, which protected him as much as it did any other citizen,
notwithstanding the facts that had been proved against him. He
came to court, he said, to try the truth or falsehood of the charges
contained in the libel, and nothing else.]

Saturday, November 28.

His Honor, Judge Putnam, after settling some points of law, which
had been referred to by Messrs. Choate and Saltonstall upon the
opening of the Court, remarked generally, that the whole evidence
was open to the jury, with respect to the damages, even if the defen-
dants did not fully make out their pleas in justification. His Honor

*On Tuesday, Mr. James L. Homer, summoned by the plaintiff, to give evidence
respecting the property of the defendants, testified, that Mr. Beals had form.erly
been his partner, in publishing the Boston Commercial Gazette, and he was of
opinion, that Mr. Beals was worth from ten to fifteen thousand dollars. Mr.
Homer said he did not know anything about Mr. Greene’s property, but he lived
like a gentleman. Mr. Homer also said that "that every printer in Boston had a
right to live in good style.”

ON ALFRED W. PIKE

then proceeded to charge the jury substantially to the following
effect : It is, he said, one of the most interesting causes that has
been brought in the county for many years, and has been presented
to you, gentlemen, very ably by the counsel on both sides ; and it is
now our duty to endeavor to do justice to the parties — to render
them the same justice we ourselves should expect if similarly sit-
uated. You have been told that the defendants have stepped aside
from their ordinary business to publish a grave, but false charge
against the plaintiff, Mr. Pike, and that the result must be ruinous
to his reputation, and he therefore comes into this Court to obtain
the only redress that can be had. On the other hand, the defendants
say it was their duty to publish the truth, for the cause of humanity,
and that they only have endeavored to do so, and in fact have only
done so. Gentlemen, the charge is that the defendants have pub-
lished a libel, imputing criminal, or at least unworthy conduct to the
plaintiff for which he ought to recover damages ; and the defendants
come into court and say the plaintiff ought not to recover, because
he did certain acts set forth in the pleas of justification. Now, if
you find that the reasons set forth in the pleas are not proved, then
the verdict must be for the plaintiff ; but before you come to the
question of damages, you must say the defendants are guilty of this
libel. Then the question is, how much damages — should you ever
arrive at the conclusion to give any damages at all — how much
damages ought to be given, upon the whole matter in evidence. The
question of damages must be upon the whole matter — you must take
the evidence on the justification altogether. You must go into the
question of the malice — whether slight or gross ; and ascertain what
will compensate, in justice and reason, the legal wrong committed.
You have nothing to do with the feelings of either party — however
sore either may feel, it is nothing to the jury. ’’Brutal cruelty,” is
the charge — the nature and meaning of the charge is extreme cruelty,
to meet which it is not necessary, for instance, for the defendants to
prove that the plaintiff kicked the little girl down stairs, or did any
other violent act, for great neglect may amount to great cruelty,
which we all know, may be practiced in various ways.

His Honor said he considered the two great questions in the case
to be. What was the condition of the child when it came into the
hands of Mr. Pike, and when she came out? You ought to settle in
your minds, the terms upon which she came into his hands, and
what the conduct of the family to the child was, and whether that
conduct were agreeably to those terms? How she was when she
came, how she was when she left, are the two great points, which I
shall notice, and I shall leave you, gentlemen, to fill up, from the

THE TRIAL FOR AN ALLEGED LIBEL

evidence, the intermediate condition of the child, yourselves. The
application for a child was made by Miss Pike, for her mother, to
Mrs. Colby, who referred her to Mrs. Howard, the mother of this
child, whose husband was poor, and did not feel able to support it.
The child has been living with Mrs. Colby, who gave her work to
do, and she did it neatly, and was particular not to soil her clothes —
she was clean when she went to Mrs. Colby’s, and her mother made
her so. The character of the child’s mother is material in this case,
and her conduct very remarkable, if she was playing a part, for she
voluntarily says to Mrs. Colby — ''I will not deceive you — she is a
very bad child — her word is not always to be taken.” In conse-
quence of this declaration by the mother, Mrs. Colby tempts the
child’s honesty, and I should think, rather severely ; and it seems to
me to an extent somewhat doubtful ; for we are taught to pray —
"Lead us not into temptation.” I should doubt very much the
expediency of tempting so young a child so, but yet we see that she
took nothing. Mrs. Colby described the child to Mrs. Pike as re-
quiring gentle treatment. Mrs. Colby says she herself did pretty
much all the talking, but the mother said, that if her child became
sick, or there was any dissatisfaction, she wished her sent home.
Mrs. Davis testifies to the same point. The child was to be brought
up the same as Mr. Pike’s own children, and so as to be able to get
its own living. There can be no doubt as to the terms upon which
the child was received. As to her health at that time, she was not
a robust, but what might be considered a healthy child, but had been
afflicted with chilblains ; but was well then. Well, then, what was
her condition when see was returned? Let us not look at the facts
as they are presented and mixed up with the eloquence and argu-
ments of counsel, but let us sink down to the naked facts. What
was her condition when she returned? You heard what Mrs. Colby
said — a fortnight after she returned, Mrs. Colby hardly thought she
could live. Mrs. Howard tells you that she was so thin, the hip bone
had wore through the skin, and produced a little sore — that she was
very costive, but had a great appetite. Dr. Flint says — "I have no
means for deciding whether the feet had been affected by frost or
chilblains,” and that one joint of the little toe was gone. Dr. Jackson
thought that she was laboring under an organic disease, and was too
sick to be playing a part. In this matter, the opinions of physicians
ought to have vast weight, passing over the opinions of individuals
who have spoken of her condition. I call your attention particularly
to Dr. Shattuck, who was called by the plaintiff. I think it a matter
of no consequence who called him — whether plaintiff or defendant —
every body can see that he is disposed to give you the truth. He

ON ALFRED W. PIKE

thought Mr. Pike had been abused, and he went to see the child.
He found her deeply sick, he says. There was deep disease requiring
active remedies, and expensive ones. He did not regard the loss of
the toe as a drop in the bucket compared with the internal disease.
She had an irritable stomach — deep chronic disease in the abdominal
viscera. The opinion of such a man as Shattuck is worth more than
the opinions of a thousand people, who only judge from external
appearances.

The next question is — Did Pike, or did he not, pay proper attention
to the child ? Has he, or has he not, been guilty of neglect and in-
attention. These questions, gentlemen, are for you to decide. Was
it for him to know, or not, that she was sick ? She was in his care :
— Was there nobody in Topsfield who could tell whether she was sick,
or sullen? Was there no physician that he could have called in to
examine her? For nearly five months she lived with him, before
there was any difficulty — the night of the 7th of February was the
first time she fouled the bed ; after that time her conduct was certain-
ly unaccountable and extraordinary. Whether it was the result of
wilfulness, or disease, or insanity, the jury must judge. You will
remember, gentlemen, that her father ran away insane, and is it im-
possible that her mind should be somewhat affected also — insanity
displays itself under a thousand forms. This was in the winter be
it remembered. What should Mr. Pike have done in his excessively
difficult situation, supposing her to be sullen? What should he have
done, putting down every thing that has been said against her as
true — admitting that she was wilful? Nobody would complain of
the rod being used, or does complain ; but humanity and the law will
not permit a punishment, that will endanger the health, or degrade
the character of the child — a punishment that may bring on disease.
Suppose she was as bad, as you can conceive a child to be, was it, or
was it not, a discreet punishment to send her up into a cold room to
sit alone from hour to hour, on such a morning as the present for
instance, when the ground and the tops of our houses are covered
with snow? Was that a proper punishment, or not? — The evidence
is that she was so kept for a considerable time — when the boarders
were in, she was up ; and if she was not frozen, she must have been
chilled. Gentlemen, take this case home to yourselves — try the case,
as if it was your own child. See if this be a proper punishment, or
cruelty. You are the judges, if this be cruel or proper. The plaintiff
may think it proper, but you are to decide that question — not he. I
think this view of the case of considerable importance.

On the other point, if you believe that she was then afflicted with
the internal disease, which was upon her when she returned home.

THE TRIAL FOR AN ALLEGED LIBEL

and that that disease produced a morbid state of mind, which ren-
dered her unable to take care of herself, and preserve herself clean,
what should Mr. Pike have done? And here comes in the contract :
If he became dissatisfied, he was to bring her home. They say that
they attempted to reclaim her, and did not send her back to her
mother on account of her mother’s poverty ; that they kept her out
of charity to the mother. But in connection with this charitable
consideration for the condition of the mother, you will recollect Mr.
Pike’s declaration about the child — ’’Destitute she came, and destitute
she shall return.” Mr. Pike must have had an opinion, that she was
diseased, for he said to the overseer of the Aim-House, ”I am afraid
she will die on my hands.” Was this putting her in the Aim-House,
a fulfilment of the terms upon which he took her? Was the mother
or Mr. Pike to be the judge of the comfort of the mother’s home?
What says the mother? — ’’Bring my child home if she is sick.” The
mother knew, that in Boston, if she was poor, and could not provide
for her sick child, that she had only to make her wants known, and
relief could be instantly obtained. In Boston, there are ever to be
found persons like Mrs. Colby, prompt to afford relief to distress,
whenever they are apprised of its existence. In Boston, an honest
but humble family, can always obtain relief in sickness, if they will
only let their distress be known. Whenever they can step over their
pride, and disclose their humble state, there is no place in the world
where they will receive prompter assistance, than in Boston. That
she could be taken care of — good care — at her mother’s, is proved by
the fact that she was taken good care of, after she returned. Dr.
Shattuck tells you she required the most expensive medicines, and
she had them, but how they were furnished, or who furnished them,
we don’t know — only we know they were not provided by the mother,
being beyond her means. Mr. Pike then did not fulfil the bargain,
and there was no reason, why he should not.

The child complained before she left Mr. Pike’s and while at the
Alms-House, though she would play a little, and had an appetite. —
Would she have complained, if she was not sick? When you get her
down to Boston, before Dr. Shattuck, you find out the whole truth.
You must judge whether, if she was sick, at that time, she was treat-
ed as you would have a child treated, or Mr. Pike would have treat-
ed a child of his own. In deliberating upon this whole case, you are
to take all the evidence, having reference to the conduct of both the
plaintiff and the defendants ; and it is desirable, to avoid further liti-
gation between the parties, that you should agree on a verdict of
some kind. If you find that the justifications are made out, you will
find for the defendants, but if you think they are not made out, you

ON ALFRED W. PIKE

will find for the plaintiff — but then the range of damages is very
great and entirely with you — you can range from the smallest pos-
sible sum up to the ten thousand dollars. His honor expressed a
hope that no juror would, at once, come to a conclusion not to give
Mr. Pike a copper, because some unfavorable circumstances appeared
against him in the evidence ; and on the other hand, he hoped that
no juror would retire with a fixed determination to give the highest
damages, because the defendants had failed to prove everything they
had alleged in the pleas in justification. On the contrary, he would
recommend to the jury to deliberate together upon the whole matter,
and with the single object of rendering strict justice to both parties.

The law in such a case as the present implies malice, but here there
is no pretence of express malice, but then printers must be careful.
The defendants are the publishers of a newspaper, and it is there duty
to print whatever tends to the public good, if true, whether it relates
to political or private persons. I do not agree with my friend Mr.
Choate, that they ought to be at liberty to publish falsehood even
about political men — the truth for me, and gentlemen I believe that
you also prefer the truth, even in politics. The duty of printers is
an exceedingly difficult one to perform, and they ought to be extreme-
ly cautious, but to rebut express malice, it is enough for them to
show that they have used reasonable care. I consider the fact of
the child’s having been exposed, as being established. It could not
have been from kindness, that they sent her into a cellar, after sitting
in a cold chamber all day. There is no proof but what she had a
sufficient supply of food — there appears to be no difficulty upon that
point — the charge about the Indian meal and water is not made out.
— It is well known to medical men, that because there is a great ap-
petite, it does not follow that therefore there is health; and that
great eating does not necessarily nourish, when the system is de-
ranged. How far being so deeply diseased that food freely partaken
of ceased to nourish, was to be "reduced to the lowest state of wretch-
edness,” the jury would consider.

If I were a juror, I should lay down some stakes to guide me in
this case — there are some unquestionable facts in the case, that are
not denied. It was unpleasant to remark upon the manner of wit-
nesses, but the jury would remember one wffio testified that she
thought the child was counterfeiting, and they would also recollect
Dr. Jackson’s answer when the question was particularly put to him.

It has been contended that the second publication was more libell-
ous than the first — the jury will consider under what circumstances
that article appeared, and give the defendant credit for what he did
do — for his going to see the child before he published it. He is en-

THE TRIAL FOR AN ALLEGED LIBEL

titled to the benefit of this act of precaution. The question is asked,
why the defendants do not put the child on the stand as a witness?
That, gentlemen, is impossible : they cannot put on to the stand the
child that Mr. Greene saw — low, emaciated, at the point of death.
They can put on to the stand a lively, healthy child — not the child
that Dr. Shattuck saw and described. The defendants rest their case
on the weight of evidence arising from her then condition. She was
free for the plaintiff to call ; it is true, that he would not have been
at liberty after calling her, to impeach her general character, but he
might have contradicted her upon any particular fact. There are
two circumstances in the case, gentlemen, that I cannot allude to
with any degree of satisfaction — the assafoetida and the excrement :
— with regard to the assafoetida, there may, perhaps, be different
opinions, considering the situation in which the plaintiff was placed.
As to the other, I can say nothing ; but you must always bear in
mind, that she w*as but a child.

The impartial design of giving the testimony in this remarkable
cause, with considerable minuteness, having increased the size of the
pamphlet much beyond our original expectations, has necessarily
compelled the Reporter to condense Judge Putnam’s lucid and prac-
tical charge to the Jury, but he believes that the preceding outline
embraces the material points enlarged upon by His Honor. The
same explanation is due to the eminent counsel who were engaged
in the cause, for the extremely brief sketches of their able arguments
which are given in this Report.

The cause was committed to the Jury about half past eleven, and
in an hour they sent notice to Judge Putnam, that they had agreed
upon a verdict. At half past two, they came into Court and returned
a verdict for the Plaintiff, giving One Dollar Damages. The legal
effect of this verdict throws the costs of Court on to the Plaintiff,
with the exception of twenty-five cents.

ESSEX COUNTY QUARTERLY COURT RECORDS RELATING
TO TOPSFIELD.

ABSTRACTED BY GEORGE FRANCIS DOW.

{Continued from Volume XXV, page 96.)

Daniell King v. Jno. Goold. Verdict for plaintiff, forfeiture of the
bond. Court agreed to chancery the bond of lOli. to 71i.

Writ, dated 13:9: 1672, signed by Hilliard Veren, for the court,
and served by Henry Skerry, marshal of Salem.

Summons, dated 14:9: 1672, signed by Hilliard Veren, for the
court, and addressed to John Goold, constable of Topsfeild.

Daniell King’s bill of cost. Hi. 15s. 6d.

Daniel King and John Gould, 25 : 1 :1672, in behalf of James Carr,
chose Major Hathorne to end all differences and agreed to stand to
the arbitration. Wit : Wm. Hathorne and Rich. Walker. Owned
in court by John Goold.

John How and Edmond Bridges testified that on July 6 they ap-
praised for John Gould as many young cattle as they judged worth
71i. 4s. 7d., to be delivered to Daniil Kinge, etc. Sworn in court.

Thomas Pharoh, aged about fifty-five years, and Ezekell Nedham,
aged about twenty-eight years, deposed that they went to John
Goolld’s house with Daniell King to demand the money which Major
Hathorne had awarded, etc. Sworn in court.

James Care deposed that Mager Hathron awarded that he should
serve King six or seven months for what the Mager found him in-
debted to King.

Wm. Hathorne’s award, dated Salem, Apr. 6, 1672 : that John
Gold pay in behalf of James Carr to Daniel King within three months.
Hi. 17s. 7d., which Carr took above his wage, also 31i. 15s. for ab-
senting himself from his master’s service about three months, also
14s. in money for the charges of the house, and 18s. for King’s
charges in seeking for said servant.

Edman Brigges and John How deposed. Sworn in court. — Nov.
26, 1672.-

*The date at the end of each paragraph or case is the date of the session of
the Court.

(49)

COURT RECORDS RELATING TO TOPSFIELD

Major Wm. Hathorne v. John Goold. Debt. Verdict for plaintiff.
Writ, dated 13 :9 : 1672, signed by Hilliard Veren, for the court,
and served by Henery Skerry, marshal of Salem.

Summons, dated 14:9 : 1672, signed by Hilliard Veren, for the court.
Bond, dated 7:6: 1672, from John Gould of Topsfeild to Major
Hathorne of Salem, to be paid in bar iron at 20s. p C., and to be de-
livered at Mr. Browne’s at Salem. Wit : Nathll. Mighell and John
Appleton. Owned in court by John Goold. — Nov. 26, 1672.

Topsfield births, returned by John Redington, clerk :

John, s. Philip and Hana Weltch, Nov. 27, 1670.

James, s. John and Sarah Bredges, Jan. 3, 1670.

, d. John and Dorkes Hovey, Feb. 20, 1670 ; d. Mar. 2, 1670-1.

Elesabeth, d. Thomas and Martha Andrews, June 16, 1671.

William and Ebenezer, sons John and Sarah Cumings, Aug. 5, 1671.
Susanah, d. Joseph and Phebe Towne, Dec. 24, 1671.

, s. William and Hana Averell, Jan. 26, 1671.

Elizabeth, d. John and Dorkes Hovey, Jan. 18, 1671.

John, s. John and Phebe French, Aug. 26, 1671.

Mary, d. Isac and Mary Cumings, Feb. 16, 1671.

Mary, d. Samuel and Sarah Howlet, Feb. 17, 1671.

Joseph, s. Joseph and Bethiah Pabodye, Apr. 16, 1671.

Amose, s. Thomas and Judeth Dorman, Mar. 14, 1671-2.

Thomas, s. John and Dorytye Robison, Mar. 18, 1671-2.

Samuell, s. Isaac and Mary Estie, Mar. 25, 1671-2.

Topsfield marriage :

William Howlet and Mary Perkins, Oct. 27, 1671. — Nov. 26, 1672.

Births, marriages and deaths in Topsfeild in 1672, returned by
John Redington, clerk:

Births, 1672 :

Zacheas, s. John and Sarah Gould, Mar. 26, 1671-2.

Mary, d. William and Elisabeth Perkins, Apr. 4.

Samuell, s. William and Rebecah Smith, Apr. 6.

Elizabeth, d. James and Mary Waters, May 23.

Daved, s. Philip and Hana Weltch, Aug. 27.

Mary, d. John and Hana Pabodye, Apr. 6.

Elisabeth, d. John and Elisabeth Ramsdell, Oct. 4.

Thomas, s. William and Mary Howlet, Oct. 26.

Thomas, s. Michall and Mary Dwenell, Nov. 20.

Thomas, s. William and Hanah Averell, Dec. 9.

Jerimiah, s. Mr. Jeremiah and Elisabeth Hubert, Dec. 16.

Benjamen, s. John and Sara Cumings, Feb. 23.

Nathaniel, s. Robert and Mary Smith, Sept. 7.

Ame, d. John and Mary How, Mar. 6.

Samuell, s. Edmond and Mary Towne, Feb. 11.

COURT RECORDS RELATING TO TOPSFIELD

Deaths, 1672 :

John Davice, Dec. 24.

William, s. John and Sarah Cumings, Mar. 30.

Marriage, 1672 :

Thomas Baker and Mrs. Presela Simonds, Mar. 26, 1671-2. — Nov.
26, 1672.

John How served on the jury of trials at court held in Ipswich,
Mar. 25, 1673.

Ambrose Makefashion, partner with John Ramsdell, and by his
order or attorney v. Henry Lennard. Debt. Verdict for plaintiff.
Mr. Lenard desiring the court to consider the equity of his case,
after the verdict of the jury against him, which the court heard, and
they judged that the defendant had been very much damnified in re-
spect of the measure of the loads of coals which by agreement should
have been twelve quarters per load whereas it appeared by testimony
that the coal cart would not hold above sixty-eight bushels. Court
abated 201i. Defendant appealed to the next Court of Assistants,
and was bound, with Ensigne Thomas Chandler and Anthony Car-
rell as sureties.

Writ, dated 11:1: 1672, signed by John Redington, for the court,
and served by John How, deputy marshal of Ipswich, by attachment
of the coals that lie by the coalhouse at the works at Rowly Village.

Henry Leonard’s bill of cost, 31i. 16s. lOd.

James Car deposed that on Mar. 22, Mr. Lennard desired him to
go and see the coal cart measured and '’it held 68 bushells one heapt
& ye other stroock & the cart was full up to the top further I being
Imployed by Ens. John Gould to Cart the Coles from Ambros Mack-
fation & John Ramsdell to ye Iron worcks in Rowley villiag Mr,
Leonard did speack to me to bid ye said mackfation & John Ramsdell
send in better loads & less brands or els knock ofe & Cole noe more
sometimes the Cart was filled strick full & some times more & som
times less then strick full & to ye best of my Judgment I receiued the
best loads when Robart Bates filed ye Cart & when ther was not coles
enuf to fill the cart at one pit Ambros would not fill it full becaus of
the shacking of the cart in remoueing to another & when I saw yt
he did not fill the Cart I would bid him mend his hand he would say
the cart was full enugh & when he would put in noe more then I
would driue away ye Cart & seuerall times when y® cart hath come
to ye works the cart hath been litell more then halfe full.” Sworn
in court.

Ambros Mackfation, Dr., by Mackam Macallam, 151i. 14s. 6 l-2d. ;
by Robart Bates, 61i. 12s. ; 1 C. bar Iron to Daniell Black, Hi. 4s. ;
14 C. of bar Iron, 161i. 18s. 3d. ; by John Bridges, Hi. 5s. ; by severall

COURT RECORDS RELATING TO TOPSFIELD

things he had himself & for other people, lOli. 7s. 2 l-2d. ; total, 621i.
Is.

Jno. Ramsdell, Dr., by Jno. Comins, 1 C. 2 qr. bar Iron, Hi. 16s. ;
10 C. 3 qr. bar Iron, 121i. 18s. ; by 1 C. 2 qr. 21i. bar Iron dd. Abra-
ham Redington, Hi. 16s. 6d. ; 2 qr. bar iron, 14s. ; by severall partick-
ulers, 81i. 18s. Id. ; total, 261i. 2s. 7d.

James Hanscombe’s receipt, dated 11:9:1672, to Jno. Ramsdell
and Ambros Mackfation, for 478 loads of coals at 6s. per load.

William Doule, aged about thirty-two years, deposed that he heard
Mr. Henry Lenard say about the time Mackfaston and Ramsdell were
finishing the work in "colling the said Lenords wood : that the afor-
said colyers had coled all the wood that he the said Lenard had de-
livered them in this yer, it being some time in the eaight month,
1672.” Sworn in court.

Agreement, dated May 17, 1672, between Henery (his mark) Len-
ard and Ambros Mackfation and John Ramsdell "to Cole all the old
wood & the new yt shall be cut & tacken in this yeare for & in con-
sideration of the some of six shillings p^ load to be paid unto the
said mackfation & Ramsdell by m’^ Lenard and the said Ambros
Mackfation & John Ramsdell doth ingaig them selue to mack good
firme & substanchall Coles & to deliuer unto the said M>^ Lenard at
the pits good loads containing euery Load twelue quarters theire at
the pits & their pay to be made in goods or bar Iron which they
haue most need of & five pounds of the pay to be paid in barr Iron at
money pric that is to say eighteen shillings p^ hundred & further the
said m^ Lenard doth promise unto the said Mackfation & Ramsdell
to prouide for them such goods or Iron as they shall stand in need of
to pay worckmen to carri on the worck & for what shall be required
when the coles are all sent in the said Mackfation & Ramsdell with-
in three weecks after the last load of Coles is at the Cole house & the
last of ye wood to be deliuered unto ye said mackfation & Ramsdell
some time in June next insuing.” Wit : Anthoney (his mark) Car-
rell and James Hanscombe.

William Doule, aged about thirty-two years, and John Everet,
aged about twenty-six years, deposed that Mr. Henery Lenard was
living at the Iron works in Rowly Villag and had ten cords of wood
that lay in such a place that it could not be coaled, but he said he
was to cart it to some more convenient place. He disappointed the
wheeler by not carting it and had it carried home to burn. Sworn
in court.

Robert Baites deposed that Mr. Leonard said it was a pretty
honest load when said Ambross filled the cart, etc. Sworn in court.

John Putnam aged forty-four years deposed. Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Samuell Lenord and Nathanill Lenord deposed. Sworn in court.

Roburt Lord and James Hanscombe deposed that Henry Leonard
asked them to go into the woods where Ramsdell had coaled the
year before, and they found a great many brands at several pits, and
at every pit some wood left. Also they saw several rancks of wood
left standing that were not coaled and one piece of coals left, in all
about a load of them. There may be half a cord of wood left at a
pit and one whole pit left standing in the woods not set nor coaled.
They judged there might be in all between thirty and forty cords.
Sworn in court. Copy made by Robert Lord.

Robart Bats deposed that he worked on the carts seven weeks, etc.
Sworn in court.

John Goold deposed that he was present when Mr. Leonard’s clerk,
James Hanscom, reckoned with Mackfashon, and there was due to
the latter about 43Ii. Sworn in court.

Thomas Wenmar testified. Sworn in court.

Edmond Bridges deposed that Mackfation sold him a small part of
a pit that he had coaled, about a load or two, for two quarts of cider.
Sworn in court.

Edmond Bridges, jr., and John Gould deposed that Leonard said
they had coaled all his wood except some that stood in water and
some that was in rocks whence it could not be wheeled. Sworn in
court.

Samuell and Nathaniell Leonard deposed. Sworn in court.

John How deposed. Sworn in court.

John Hanscombe deposed that Leonard complained that the loads
were small, etc. Sworn in court.

John Everard deposed that Leonard said to bring in better loads
with fewer brands. Sworn in court. — Mar. 25, 1673.

Anthony Carrel! v. Thomas Baker. Review. Verdict for defen-
dant.

Writ : Anthony Carrill v. Thomas Baker ; review of a case tried
at Ipswich court, concerning the title of land which Baker pretended
he bought of Carrill, on the south side of Ipswich river ; dated
20:1: 1672-3 ; signed by John Redington, for the court ; and served
by John Hovey, constable of Topsfield.

Copy of the papers in a similar action in Sept., 1669, taken from
Ipswich court records by Robert Lord, cleric.

Copy of deed, dated Jan. 26, 1663, from Anthony (his mark)
Carroll of Topsfield, tailor, to Thomas Baker of Topsfield, husband-
man, all right in the common belonging to the land which I bought
of Zacheous Gould in Topsfield, on the south side of Ipswich river.
Wit: John Perly and John Gould. Recorded Sept. 8, 1669, by
Robert Lord, recorder.

COURT RECORDS RELATING TO TOPSFIELD

Copy of the record of a town meeting, 14:10: 1661, made
24:7: 1669, by John Redington, clerk : ''The names of the Com-
moners yt shall share in it,” Mr. Endecoate, Mr. Bradstreet, Mr. Per-
kins, Zacheas Gould, Mr. Baker, Thomas Dorman, Frances Pebodie,
Wille Evens, Daniell Clarke, Isack Cumings, sr., Isack Comings, jr.,
Ensigne Howlet, William Smith, Frances Bates, John Wiles, John
Redington, Tho. Perkins, Jacob Towne, Isack Estye, William Towne,
Edmond Towne, Matthew Standly, Tho. Browning, Anthony Carell,
John How, Edmond Bredges, Wille Nichols, Uselton’s lot, Lumpkins
farm, and Robert Andrews land.

"It is also ordered that all the Commonares in the towne shale
haue a share In the Comon on the other side of the Riuer with the
timber which is to be deuided acording to the Rule as is here ex-
presed namli all those which pay to the ministers Rate made in the
yeare 1664 fifte shilings and upward shal haue on of the grater shars
and all under fiftie shilings to twenti shall haue a midel share and
all under twenti shilings on of the least shares Voted.” Copy made
from the town records of Topsfield, Mar. 20, 1672-3, by Frances
Pabody.

Wm. Averill, collector of rates certified. Sept. 20, 1669, that on
Nov. 12, 1664, Anthony Carrall was rated 11s. 1 l-2d. for the minis-
ter’s rate. Copy made. Mar. 26, 1673, by Robert Lord, cleric.

Copy of deed, dated May 21, 1663, Anthony (his mark) Carrell of
Topsfeld and wife Katerane, in consideration of ten acres in Ipswich
lying near the river commonly called Egept river, with house and
barn, to Luke Waklinge of Topsfeld, 20 acres in Topsfield, bounded
on the southwest upon land of Francis Battes, northwest upon a
swamp, northeast upon Topsfeld common, southeast by a highway,
reserving that part of common belonging to this land, "but before
the sineng and sealle it was parsaiued that that was halfe the madow
whish was bought of goodman Gould ometed the saied Antony sal-
ing it with the other land to luke wakling.” Wit : Philip Nellson
and Robert (his mark) Smeth. Copy made by John How.

John Gould deposed that he was one of the men appointed to lay
out the land on the south side of Ipswich river, and they laid out to
every man as was ordered in the town book according to the house
lots and the grant of the town in 1661. They did not know of any
land that was granted to John Juat by Topsfeild. Lt. Pebody testi-
fied to the same. Sworn in court.

Sarah Gould testified that Antony Carell was at their house dis-
coursing about the land and said that he would never hinder Thomas
Baker from his share for he paid dear enough for it. Sworn in
court.

COURT RECORDS RELATING TO TOPSFIELD

John How testified that Goodman Comins desired that there might
be a share laid out to his son John Juet’s lot, and it was denied him.
Sworn in court.

William Smith deposed that Anthony Carrell told him that he had
sold all his right to Thomas Baker for 30s. and that the lot layers
might do what they would, he had nothing to do with that, and he
advised deponent to sell his share, for, he said, deponent had better
get a little than nothing, for he was confident that it would never be
divided. Sworn in court.

John Baker, jr., deposed that he heard his brother Thomas demand
the lot and Carrell refused to deliver it. Sworn in court.

Abraham Redington, aged fifty-eight years, deposed that at a
lawful town meeting at Topsfield, there being some agitation about
common land, they agreed to establish the common land upon the
present inhabitants and thereupon recorded it. No man objected to
it but Goodman Dorman, who said ’’shal that poore man goodman
Carreell Com to you Cape in hand for coman. And theer was none
granted to that land.” Sworn in court.

John Cummings, aged forty years, deposed. Sworn in court.

Daniell Blacke deposed that being an inhabitant of Topsfeild in
the year 1661, etc. Sworn in court.

John Willes testified that he was one of those appointed to lay out
the land and they laid out a share for Antony Carell by virtue of
living in the house that he had sold to Luke Wakle, which he bought
of old Goodman Gould, etc. Sworn in court.

Isaacke Cumings, aged seventy-two years, deposed. Sworn in
court.

John How testified that the land that Lucke Waklen now lives
upon is the land, etc. Sworn in court.

Evan Morris deposed that there was no house upon that land
which Anthony Carrill bought of Zecheos Gold, when said Carrill
bought the lot where Luk Waklin lives.

John How deposed that the lots given on the south side of the
river were denied to some who had not improved their lands at that
time. Sworn in court. — Mar. 25, 1673.

John Wild acknowledged judgment to Mr. Francis Wainwright,
to be paid in wheat, barley, pork or bar iron at 20s. per hundred.

Sarah Warr declared that she had put her son Josiah to Ens. John
Gould until he came to the age of twenty-one, and the court approved
of it.

Evan Morice was released from training, paying 3s. yearly to the
use of the company, if the company of Topsfield required it.

The town of Topsfield was fined for not providing a stock of pow-

COURT RECORDS RELATING TO TOPSFIELD

der and bullets, and was ordered to provide it within a month upon
penalty of 51i.

Ens. John Gould had his license renewed for a year.

There being a fine of 51i. set by this court upon the town of Tops-
field for not providing a stock of powder and ammunition, court
ordered that said town pay 50s. to Ens. Jo. Gould for his loss by the
escape of a prisoner that broke prison at Salem.— 25, 1673.

Will of John Davis, dated May 16, 1672, proved Mar. 25, 1673, in
Ipswich court, upon oath of the witnesses, Evan Morris and Francis
Pabody, the latter afterward renouncing his executorship : to Mary
How of Salem, 51i. ; to Jacob Townes’ lame child, 51i. ; Samuell
Hewlett, 41i. ; to his dame Clarke, lOli.; Luke Wakling, 20s. ; Martha
Clarke, his master’s daughter, 20s. ; to his master’s daughter, Wm.
Perkings’ wife, 51i. ; to John Robinson’s wife, 20s. ; executors, his
master Daniell Clarke and Frances Pabody. He owed Mr. Batter of
Salem, Mr. Newman of Wenham, Goodwife Mole, old Mr. Gardner
of Salem, Daniell Borman, old Mr. Baker of Ipswich, Quartermaster
Perkins, and for rates to the town. Debts due him from John
French, Robert Smith, Michaell Bouden and Jacob Towne of Tops-
field. [Original on file in the Registry of Probate.]

Inventory of the estate of John Davis, taken by Jo. Gould and John
How, 261i. 11s. 2d. Debts owing for ten months’ diet and burial, to
Mr. Rogers and Goodwife Pabody. [Original on file in the Registry
of Probate.] — Apr. 16, 1673.

Mr. Wm. Browne, sr. v. Hen. Leonard. Debt. Withdrawn.

Writ, dated June 5, 1673, signed by Hilliard Veren, for the court,
and served by Henry Skerry, marshal of Salem, by attachment of
defendant’s interest in the Iron works at Topsfeld. — June 24, 1673.

Anthony Carrell v. Hen. Leonard. Debt. Verdict for plaintiff,
damage in bar iron.

Anthony Carell was allowed a bill of costs against Hen. Leonard.

Writ, dated May 15, 1673, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich.

Summons, dated June 19, 1673, for appearance of Anthony Carrell
to answer the complaint of Henry Leonard, for refusing to give
possession of land, according to lease.

Bond, dated 22:3: 1672, given by Henry (his mark) Lenard of
Bromigum forge in the county of Essex to Anthoney Carrell of Essex
county, for 131i. to be paid in bar iron at 24s. per hundred. Wit :
Thomas Lenard and James Hanscombe.

Reckoned 17:1: 1672-3, with Anthoney Carrell, and there was due
to Henry Leonard, 31i. 4s. 6d.; by 1 C. 191i. bar Iron dd. at Ipswidg,
Hi. 8s. 3d. ; by a qr. of bar Iron dd. to Abraham Redington by
Carrell’s order, 6s. ; total, 41i. 18s. 9d. Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Anthony Carrall’s bill of cost, 16s. 6d.

James Hanscombe deposed. Sworn in court.

Antony Carell’s bill of cost, Hi. 8s. — June 24, 1673.

Edmond Bridges v. Hen. Leonard. Breach of covenant. With-
drawn.

Writ : Edmond Bridges v. Henry Leonard ; non-performance of an
agreement to deliver two tons of anchor iron ; dated June 18, 1673 ;
signed by Robert Lord, for the court ; and served by Joseph Leigh,
deputy marshal of Ipswich, by attachment of a parcel of bricks and
all his interest in the Iron works. — June 24, 1673.

Sergt. Joseph Bigsby v. Thomas Baker, clerk of the Iron works.
Debt. Withdrawn.

Writ, dated 18:4: 1673, signed by John Redington, for the court,
and served by John How, deputy marshal of Ipswich — June 24, 1673.

Edmond Bridges v. Hen. Leonard. Non-performance of agreement
to supply said Bridges with iron and coal. Withdrawn.

Writ : Edmond Bridges v. Hennary Lenard ; for not supplying said
Bridges with iron, coal, steel and goods and provisions for his family ;
dated 18:4: 1673 ; signed by John Redington, for the court ; and
served by Joseph Leigh, deputy marshal of Ipswich, by attachment
of a parcel of pots and rails and the goods in the house in which he
dwells. — June 24, 1673.

Hen. Leonard v. Ambross Makefashion and John Ramsdell. Non-
performance of covenant. Verdict for plaintiff.

Hen. Leonard v. Edmond Bridges, jr. Debt. Withdrawn.

Writ, dated 16:4: 1673, signed by Hilliard Veren, for the court,
and served by Nathaniell Ball, constable of Concord.

Account of damage sustained in not coaling the wood the past
summer for Mr. Henrie Leonard, according to covenant : for 20 Load
of Brands sent in amongst Coles, 61i.; cutting of wood that is not
coled, 31i. 10s. ; wood at ye stump at 4d. per cord, 11s. Id. ; brands
left in the woods which would have made a load of Coles, 21i. 8s. ;
for a month’s rent that I was forced to lie still for want of the coles,
161i. ; for 3 hands being still 4 weeks at 2s. 6d. per day, 91i. ; 3 hands
being still 4 weeks at 3s. per day, 10b. 16s ; my owne time a month
at 5s. per day, 6b.

Agreement, dated May 7, 1672, between Mr. Henry Lenard on one
part and Ambros (his mark) Mackfation and John (his mark) Rams-
dell, on the other part, the two latter agreeing to coal all the old
wood and the new that shall be cut and taken in this year, for 6s.
per load, each load to contain 12 quarters at the pits, to be paid in
goods or bar iron, whichever they need the most, and five pounds to
be paid in bar iron at money price, that is, 18s. per hundred. Said

COURT RECORDS RELATING TO TOPSFIELD

Lenard agreed to provide for them such goods as they shall stand in
need of to pay workmen to carry on the work, and to pay the whole
within three weeks after the last load of coals is at the coal house,
and the last of the wood to be delivered to Mackfation and Ramsdell
some time in June next. Wit : Anthoney (his mark) Carrell and
James Hanscombe. Owned in court by Ambros Mackfation.

Copy of the foregoing agreement signed by Henry (his mark)
Leonard, made by Robert Lord, cleric.

William Doule, aged about thirty-two years, deposed that he heard
Henry Leonard say that the colliers had coaled all the wood, etc.
Sworn in court.

James Car deposed. Sworn in court.

Samuell and Nathaniell Leonard deposed that Mackfation and
Ramsdell left of the old and new wood about thirty or forty cords,
etc. Sworn in court.

Henry Lenard’s bill of cost, 41i. 6d. — June 24, 1673.

Philip Cromwell v. Hen. Leonard. Debt. Withdrawn.

Ed. Bridges, sr. and Ed. Bridges acknowledged judgment to Adam
Westgate, to be paid in beef, pork, wheat, malt and Indian corn.

Hen. Leonard, sr., acknowledged judgment to Mr. Robt. Paine in
bar iron.

Hen. Leonard, sr., acknowledged judgment to Mr. William Browne,
sr., in bar iron and money.

Hen. Leonard acknowledged judgment to Jno. Goold in bar iron.

Hen. Leonard acknov/ledged judgment to the Worshipful Major
Daniell Denison, in bar iron.

Johana Towne was appointed administratrix of the estate of Wm.
Towne, her late husband, and was to bring in an inventory to the
next Ipswich court. — June 24, 1673.

Presentment from Salem : Lewis Hews, for profaning the Lord’s
day in going about to demand debts in April last upon the Lord’s
day at Topsfeild. Wit : Zacheus Curtes and Jno. Curtis.

Lewis Hewes, for profaning the Lord’s day by demanding debts,
was fined, fees to be paid to the constables of Topsfeild and Salem.

John Courties and Zachariah Courties, aged about twenty-four and
twenty-two years, testified that on one Sabbath day in April, 1673,
Lues Hews came to their father’s house to demand a debt of their
brother Zacheus, but they told him he was not at home. Said Hews
was troubled because he had come so far to speak with him, but he
later said he had come on other business also. Then he asked for
Daniell Blak and where he lived. Then they asked Hues to go with
them to Topsfeild to meeting but he refused, saying that he would
get back in time to go to Salem Farms to meeting in the afternoon.

COURT RECORDS RELATING TO TOPSFIELD

He further bade them to tell their brother that if he did not bring
down the pay within a week, he would be forced to send the marshal,
for he was in fear of being sued, or if he would come to Salam and
appoint John Gills to pay the money he owed to Zacheus to said
Hues, he would be willing to allow five shillings per pound, "then
he tould us yt our sayd John gills was to driue a pair of oxen to mr.
brodstrets but he was badly mistaken for John gils did not care
though ye oxen could but ris alone at may day for ther our father
was to fectch them : further he tould us yt mr endecot bid him to
tell our brother yt if he did not bring away ye rent y^ was behind he
wold spedely send ye marshall.” Sworn in Major Hathorne’s court,
2:7: 1673, and attested by Hilliard Veren, cleric. — June 24, 1673.

Presentment from Wenham : John Morell of Topsfeeld, for being
so far gone in drink that he could not keep the way, but tumbled
like a beast. Wit : Henry Kemble and James Moulton, jr.

John Morrall, for being drunk, was fined.

Henry Kemball and Jams Moulten, jr., testified that they saw John
Morall so far gone with drink that he could not keep the way but
tumbled about like a beast. Sworn, 1:7: 1773, in court. — June 24,
1673.

Writ: Henry Leonard v. Anthony Carrell; for refusing to give
possession of a parcel of land and meadow bought of said Carrell for
the term of eleven years, as may appear by a lease or deed under
said Carrell’s hand ; dated June 19, 1673 ; signed by Robert Lord,
for the court; and served by Theophilus Wilson, constable of
Ipswich.

Writ : Mr. Robert Paine v. Henry Leonard ; debt, in bar iron ;
dated June 18, 1673 ; signed by Robert Lord, for the court ; and
served by Joseph Leigh, deputy for Robert Lord, marshal of Ipswich,
by attachment of Leonard’s interest in the Iron works, the house he
lives in, and his right in a frame standing by the works.

Writ : Thomas Newell v. Henry Leonard ; debt ; for not delivering
81i. in bar iron at Salem, according to agreement, dated June 18,
1673 ; signed by Robert Lord, for the court ; and served by Joseph
Leigh, marshal’s deputy.

Writ : Major Genrll. Daniell Denison v. Henry Leonard ; debt ; in
bar iron, due for his part of the rent of the Iron works and arrears
of rent ; dated June 17, 1673 ; signed by Robert Lord, for the court ;
and served by John Gould, deputy for Robert Lord, marshal of
Ipswich, who left the summons with said Leonard’s wife.

Writ : Henrie Leonard v. Edmond Bridges, jr. ; debt ; dated 13:4:
1673 ; signed by John Redington, for the court ; and served by John
How, deputy marshal, by attachment of land of defendant, "the

COURT RECORDS RELATING TO TOPSFIELD

Reson I cal it Edmon Brigis land is be cans ded and bill is giuen :
but pososhon and axnoligment is not given : and I knue not where
to find any other estat. this I call his but I leue the honered Court
to Jug.”

Writ : Deacon Wm. Goodhue v. Henry Leonard ; debt ; dated June
18, 1673 ; signed by Robert Lord, for the court ; and served by
Edmond Bridges, deputy for Robert Lord, marshal of Ipswich, by
attachment of a parcel of bricks, etc.

Writ: Ens. John Gould v. Henry Leonard; trespass; for harm
done by his horses in corn and orchard ; dated June 17, 1673 ; signed
by Robert Lord, for the court ; and served by John How, marshal’s
deputy, by attachment of two chests and their contents, who read the
attachment to Leonard’s wife and left a summons with his son.

Writ : Ens. John Gould, assignee of Anthony Carrell v. Henry
Leonard ; debt, in bar iron ; dated June 17, 1673 ; signed by Robert
Lord, for the court ; and served by John How, marshal’s deputy. —
June 24, 1673.

John Redington served on the grand jury and Ens. John Gould on
the jury of trials at the court held at Ipswich, Sept. 30, 1673.

Ambrose Mackfation v. Henry Lenard. Review of a case tried at
Salem. Verdict for plaintiff, reversal of the former judgment.

Writ : Ambrose Mackfashon and John Ramsdell v. Henry Leonard ;
review ; dated Sept. 24, 1673 ; signed by Robert Lord, for the court ;
and served by Robert Lord, marshal of Salem.

Copy of papers in this action brought, 24:4: 1673, in Salem
court.

Tho. Looke and Tho. Towers testified that they received of Samuell
Leonord and James Hanscomb by Henry Leanord’s order, forty cord
of wood cut by Daniell Black for Mr. Leonard’s use, which wood
they had made into coal, and delivered to said Leanord. Sworn in
court.

Tho. Looke and James Carr testified that the cart which brought
the collier’s brands, evidenced at Salem court, was the same in which
they carry mine and will not hold above the fourth part of a load for
four oxen. Sworn in court. — Sept. 30, 1673.

Ambrose Mackfation v. Henry Lenard. Withdrawn.

Writ : Ambrose Mackfastion v. Henry Leonard ; debt ; dated Sept.
22, 1673, signed by Robert Lord, for the court ; and served by Rob-
ert Lord, marshal of Ipswich.

John Bregges and John How deposed that they heard Mr. Lenord
say that he and Makfasan had settled accounts, etc. Sworn in court.
—Sept. 30, 1673.

Daniell Black v. Henry Leonard. Debt. Verdict for plaintiff.

COURT RECORDS RELATING TO TOPSFIELD

Writ, dated Sept. 23, 1673, signed by Robert Lord, for the court,
and served by John Gould, deputy for Robert Lord, marshal of Ips-
wich, who read the attachment to Lenard’s son Samuel. — Sept 30,
1673.

Daniell Clarke was fined.

Execution, dated Mar. 20, 1672-3, against John Goold, to satisfy
judgment granted Maj. William Hathorne, at Salem court, 26:9: 1672,
to be paid in bar iron at 20 shillings per C. at Mr. William Browne,
sr.’s in Salem ; signed by Hilliard Veren, for the court, and served
by John Williams, deputy marshal.

Execution, dated Mar. 5, 1673-4, against Henry Leonard, sr., to
satisfy judgment granted Mr. William Browne, sr., at Salem court,
24:4: 1673 ; signed by Hilliard Veren, for the court ; and served by
Henry Skerry, marshal of Salem, by attachment of said Leonard’s
eighth of the iron works at Topsfeild, which was delivered to Nath-
anell Mihill, said Browne’s agent, by turf and twig.

Execution, dated 25 : 12 : 1673, against Henry Leonard, to satisfy
judgment granted Mr. Robert Paine, sr., at Salem court, 24:4: 1673 ;
signed by Hilliard Veren, for the court ; and served by Henry Skerry,
marshal, by attachment of said Leonard’s share in the iron works at
Rowley Village, which was delivered to Mr. Robert Paine, jr., for
the use of his father, by turf and twig, and by a piece of the houses,
for them.

Execution, dated 19:5: 1673, against Henry Leonard, sr., to satisfy
judgment granted Mr. William Browne, sr., by Worshipfull Major
Daniell Denison, Mr. Thomas Danforth and Hilliard Veren, cleric,
24:4: 1673, to be paid in bar iron at 18 shillings per C. ; signed by
Hilliard Veren, cleric; and served by Henry Skerry, marshal of
Salem. William Curties, Mr. Browne’s agent, took a bill of Samuell
Lenard who offered the iron works as security. — Nov. 25, 1673.

Thomas Baker served on the jury of trials at the court held in
Ipswich, Mar. 31, 1674.

George White v. Ens. John Gould. Debt. Verdict for plaintiff.

Major Genrll. Denison v. Henry Lenard. Verdict for plaintiff.
Damages in bar iron.

Writ : Major Daniel Denison v. Henry Leonard ; debt of 121i. 10s.
in bar iron at 24s. p C. or l,0001i. and 50 pounds of good bar iron,
due for rent of a sixteenth part of the Iron works at Rowley village ;
dated Feb. 9, 1673 ; signed by Robert Lord, for the court ; and served
by Robert Lord, marshal of Ipswich, by attachment of a cubbard,
chest and trunk and part of his share of the iron works.

Major Genrll. Denison’s bill of cost. Hi. 2s. 2d.

John Saford and John Gould deposed that Major Generali Denison
had one-sixteenth part of the Iron works at or near Topsfeild, which

COURT RECORDS RELATING TO TOPSFIELD

amounted to 61i. 8s. for every half year’s rent in bar iron. Sworn in
court. — Mar. 31, 1674.

Deacon Thomas Knowlton v. Henry Lenard. Debt. Verdict for
plaintiff.

Writ, dated Feb. 19, 1673, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich.

Abraham Knoulton deposed that he heard his uncle Knoulton and
Mr. Lennard make up their accounts and there were about nine
pounds due his uncle. Mr. Lennard received at the same time sever-
al pair of shoes. Sworn in court.

Edmond Bridges deposed that Mr. Lenard promised to pay Thomas
Knowlton for what shoes he had of him every half year in iron, bar-
ley or hides. Sworn in court. — Mar. 31, 1674.

Thomas Bishop v. Ens. John Gould and John Newmarsh. Debt.
Verdict for plaintiff. Appealed to the next Court of Assistants. Ens.
John Gould and John Newmarsh bound, with Symon Tuttle and John
How, as sureties.

Samuell Lenard v. Robert Lord, marshal. Withdrawn.

Ens. John Gould v. Henry Lenard. Forfeiture of a bond. Verdict
for plaintiff. Court moderated the bond from 201i. to 51i.

Ens. John Gould v. Henry Lenard. Nonsuited.

Mr. John Ruck v. Henry Lenard. Verdict for plaintiff, in bar iron.
In the case of John Gould in his action of account between said
Gould and Henry Lenard, with the consent of the parties, court ap-
pointed Mr. Ezekiell Rogers and John Wainwright to audit the ac-
counts, and where it is not clear to signify to the next session of this
court, to be then determined.

Samuell Lenard summoning Ens. John Gould to appear at this
court to answer an action of replevin, and not prosecuting, said
Gould was allowed costs.

Topsfield births and deaths for 1673, returned by John Redington,
clerk :

Births :

Daniell, son of Thomas and Judeth Dorman, [July] 27.

Sarah, daughter of John and Sarah Kimball, Sept. 19, [1669].

Mary, daughter of John and Sara Kimbale, Jan. 15, [1671].

Richard, son of John and Sarah Kimbale, Sept. 28, 167[3].

John, son of Daniell and Faith Blacke, July 28, 1672.

Martha, daughter of Tho. and Martha Andrews, Dec. 25, 1673.

John, son of John and Dorithie Robison, Jan. 16, 1673.

Joseph, son of Joseph and Phebe Towne, Mar. 22, 1673-4.

Deaths :

Daniell, son of Thos. and Judeth Dorman, [Aug.] 10.

COURT RECORDS RELATING TO TOPSFIELD

Sarah, daughter of Robert and Mary Smith, [Aug.] 28. — Mar. 31,
1674.

Daniell Clarke was licensed to keep an ordinary for one year. —
May 5, 1674.

Nathaniell Leonard v. Hana Downing. Defamation. Withdrawn.

Writ, dated, 24:4: 1674, signed by John Redington, for the court,
and served by John How, constable’s deputy.

Nathanil Lenard deposed that Hana Downing was prejudiced
against him and upon his telling her to attend to her duty, as she
was their servant and they gave her meat, drink and lodging, and
she not obeying, deponent gave her a box on the ear. She then re-
ported stories about him concerning false swearing and uncleanness,
which if the former be true, would prevent him from forever giving
testimony in any case, and if the latter were true, "I being a singell
man my fortten would be leueled with her owne which we trust shall
proue is very mene.” — June 30, 1674.

Samll. Leonard v. Hana Downing. Defamation. Withdrawn.

Writ : Samuell Leonard v. Hanah Downing ; for saying that he
attempted uncleanness with her and with Elesabeth Looke ; dated
24:4: 1674 ; signed by John Redington, for the court ; and served
by John How, constable’s deputy. — June 30, 1674.

Complaint being made against Nathll., Samll., and Tho. Leonard
by Hanna Downing for several misdemeanors and lascivious carriages
proved against them, but several of the charges having been proved
several years since, court sentenced them to be whipped or pay a
fine. They were also bound to good behavior.

Warrant, dated June 16, 1674, signed by Samuel Symonds, Dep.
Govr. Robert Lord, marshal, appointed Symon Stace, his deputy to
serve it.

Bill of cost of Robert Lord, Hi. 5s.

Hannah (her mark) Downing’s complaint : that the Lenords had
on many occasions annoyed her when she was in bed, kicked her and
struck her several times until she thought they would kill her. She
told their father and mother and they would not believe it, and com-
plainant was ”af raid that thay would kille mee if the athoriaty dos not
take some corse with them.” Said Hanna gave bond to Samuel Sy-
monds, Dep. Govr., to prosecute.

Samuel and Thomas Leonard were also bound, with Thomas Baker
as surety.

Bill of cost, 51i. 4s. 2d.

Jno. Hounkin deposed that he living at the house of Henery Lin-
nard the last winter, never saw any miscarriage by Samuell nor
Thomas Linnard toward Hannah Downinge, but that she went abroad

COURT RECORDS RELATING TO TOPSFIELD

at unseasonable times in the night and did not come home until it
was almost day. Also at sundry times she used to sit up almost all
night with fellows who came to the house. He told of her unbecom-
ing conduct with Benjamin Bigsbee and of her lying upon the boy’s
beds so that they had to get her up to go to bed. Further that her
dame took great care to prevent sin and that she often arose in the
night to chide said Hannah for her carriages. Samuell Linnard also
chided her and told her that he marvelled that any man would want
her. Once when reprimanded, she went away and said she had been
with Joseph Biggsbee all day. Jno. Tarball and James Caddy testi-
fied to the same.

Samuell Lenard’s answer to the complaint : that it was made out
of malice and not conscience and thank god Shee neuer had any
Cause from me as Shee herselfe well knowes that she had been a
person of very scandalous carriage ; that he had told her often of
the evil of her night- walking ; that his carriage to her was always
very austere ; that to save herself she made this false complaint, etc.

Sarah Bates deposed that she saw the Leonards abuse said Hannah
and pull off her head-cloth, etc. Sworn, June 23, 1674, before Sam-
uel Symonds, Dep. Govr.

Elizabeth Looke deposed that Thomas Lenard came to the bedside
where she and Hannah lodged, and the latter cried out to her master
who told her that she belied his son, ”it is David Inden or sombody
ellse.” Sworn, June 23, 1674, before Samuel Symonds, Dep. Govr.

John Gould deposed that he saw Samuel and Nathaniel Lenord
come naked upon the dam, and when Goodwife Blake came over the
dam, said Samuel spoke and acted indecently, etc. Sworn in court.

Macam Douneing deposed that he came to Leonard’s to see his
daughter when her master and dame were not at home. At night
Samuel lodged in the bed which his father occupied, and deponent
sat up to smoke. He later heard Samuel in the girl’s room and went
and told him ”I did not like such doing : and so I lodged in yt bed
my salfe and Samuell lodged in ye Chamber.” Sworn, June 23, 1674,
before Samuel Symonds, Dep. Govr.

Mary Leonard, aged about forty-nine years, deposed that this
spring "a little before Election I went downe to Lynn & had with mee
my son Thomas & Hannah Downing & v/as late & benighted &
would haue turned Inn by y® way vnto the house of one Welman :
& this Hannah would not be perswaded to stay, but would goe on
thorow the woods in y^ night whateuer I could say of the trouble of
ye way & tearing clothes but would go with my Sonn Thomas which
if hee had ofired her such abuse as she speaks off was a very bold
attempt : but shee would not bee perswaded so I was forced to goe

COURT RECORDS RELATING TO TOPSFIELD

on a most uncomfortable Journey vntill midnight, but as for my son
Thomas, he desired not to goe but was willing I should turn Inn to a
house & stay & hee would stay with mee.”

Samuel Symons deposed that being at Mr. Leonord’s hous with
Ed. Bridges when Doctter Tayler was there wee see Docter Tayler
and m^ Lenord and m^s : Lenord and a litel gerele goe all togather
up towards ye Long plaine and about halfe a nouer after ye sd
Deponit went vp that way towerds ye vilige and hee did mete m^
Lenord and his garle at ye hether end of ye plaine a Coming home
all alone them tow : I seeing them goe all to gather and mete none
but them tow Coming home : I did wonder and ye plaine being easely
seen all ouer I did Looke to see and if I could see Doctter Tayler
and m^s Lenord but I Could not see them. Sworn in court.

Elizabeth Symons deposed concerning what Elizabeth Looke said
about her own condition, when she lived with John Curtis and Mr.
Lenord. Deponent also testified that Samuell Lenord came to her
house and asked her for some beer and she went into the cellar to
draw some beer for him. He followed her and tried to kiss her, and
she said ''there is maides a noufe for y^ to kiss and not to Come to
kise maried woeman,” and then he struck her a blow on the small of
her back, "and when I came up I sayd surely Samuell Leonard is
fuddled.” Sworn in court.

Grace Andras, aged about sixty years, deposed that Elesibeth
Boungkir being at her house in bed with deponent’s daughter Sary,
Thomas Linnard came there and annoyed them all night, so that
they could not sleep. Sworn in court.

John Tarbell and James Cady deposed that they witnessed improper
carriages between Hanah Downen and John Everat at Ensign John
Goold’s house, etc.

Sarah Bixby deposed that Henery Leonard and his wife, being at
her house, said that Hannah Downing was a good maid and would
make a poor man a good wife, for she could spin woolen, cotten and
linen and could sew very well. Further that said Hannah’s friends
were ignorant people, but they hoped she had more knowledge,
having been brought up in their family.

Goody Bates, wife of Robert, deposed concerning what happened
when Elisabeth Look was at the latter’s brother Cortises, etc. Sworn
in court.

John How, aged about thirty years, deposed that Goody Lenard
said that Mr. Tailer came to her house and she went with him into
the woods to look for Solomon seal. Also that said Tailer lodged
one night at their house and laid in the bed in the parlor, and she
laid in the trundle bed and her husband in the chamber, etc. Sworn
in court.

COURT RECORDS RELATING TO TOPSFIELD

Hanah Pabody, aged about thirty years, deposed that Sammuel
Lennard and two others of the family came to her house as they
went by to dig mine and spent much of the day there. Samuell took
her child out of her arms by force and laid it in the cradle, etc.
Then she said to her little boys, 'Vare is your father?” and said
Samuell let her alone. Sworn in court.

Faith Blacke, aged twenty-nine years, deposed that Thomas Lenord
came to her house, into the room where she was, shut the door, drew
out the latch string, and behaved very uncivilly until her children
came to the door and interfered. Sworn in court.

Robert Bates and Sarah, his wife, who had lived in the house at
the iron works with Mr. Leonard the past winter and until very
lately, etc. Sworn in court.

Robert Androus, aged about twenty-five years, deposed that he
was at the iron works with others at Rowley Village and they went
into the water in the pond. Then Mr. Tailer and Mistriss Lenord
came down to the side of the pond and sat down. The Lenords
came out the water naked and ran races, etc.

Faith Black deposed that Nathaniel Leonard said he went to Benj.
Murries and the old devil was at home, and when deponent spoke
to him for talking so vilely, he said he would not care if he were in
hell a fortnight, and he did not care if the devil plucked the soul out
of him, and a pox take him, he did not care. Sworn in court.

Mary Leonard, aged about forty-nine years, deposed that they
were very lying girls, etc.

Edmond Bridges, aged about thirty-nine years, deposed that about
three years since, Mr. Taylor, apothecary, and Henry Lennord and
wife Mary went into the woods to gather Solomon seal, etc. Sworn
in court.

Joseph Bexby, aged fifty-four years, deposed that he was in
Lenord’s house in the early morning when Mrs. Lenord was dressing
and there were several men in the room. Also that he had seen her
sitting by the flume or pond-side when her sons and other men were
swimming and washing themselves and some of the men who were
more modest than the rest were forced to creep up into the bushes
and others put on their shirts in the water, letting them fall down
by degrees as they came out. The Lennord’s had "used very bad
words, as Diuell & Damn yee & many words which I haue been
ashamed to heare ; which wicked Expressions haue been very Free-
quent w^^ them.” Sworn in court.

Mary Leonard deposed that Edward Bridges came to the works
after Hannah Downing had complained and advised them to go
away, draw out the iron and dispose of it, for he said ”they would

COURT RECORDS RELATING TO TOPSFIELD

neuer leaue vs till they had vtterly Routed vs.” Some of the family
said they would not stir for they had done nothing for which they
should hide, but deponent said she was sorry that her husband was
gone. Bridges further said that he never fancied Hannah Downing,
and she was a bold, baudy-spoken thing.

Zacheas Courties testified.

Thomas and Henry Leonard testified that they found Benjamen
Bigesby and Hanah Downen in the forge, etc. Sworn in court. —
June 30, 1674.

Mary Leonard, the mother, for several uncivil carriages, was ad-
monished. Bill of cost brought in by Ensign Goold, Ed. Bridges and
Marshal Lord was allowed.

Daniell Bexbey deposed that he had several times heard Goody
Lenard use bad language and sing indecent songs, etc. Sworn, July
2, 1674, before Daniel Denison. — June 30, 1674.

Goodman Boreman of Topsfeild was released from common train-
ing.

Nathaniell Leonard, for abusing the marshal in the execution of
his office and striking him, was fined and bound to good behavior.
Nathaniell Leonard and Ensign John Goold bound.

Sarah Bates deposed that when the Marshal Lord was at the works
to take execution and so serve a warrant upon Samuel, Nathaniell,
Thomas and John Lenord under hand of the Right Worshipful Mr.
Symons, Dep. Gov., John Lenord was in the house hidden all the
time. Jeremiah Hood affirmed that said John was in the house when
the marshal got upon his horse at the house to come away and he
saw said John come out of the chamber. Sworn, June 23, 1674, be-
fore Samuel Symonds, Dep. Govr.

Bill of cost, 13s.

Warrant, dated Apr. 28, 1674, signed by Samuel Symonds, Dep.
Gov. — June 30, 1674.

John Redington served on the grand jury and Ephraim Dorman on
the jury of trials at the court held at Ipswich, Sept. 29, 1674.

Nathaniell Putman, in behalf of the owners of the Iron works at
Rowly Village v. Ens. John Gould, Thomas Baker and Nathaniell
Lenard. Trespass. Verdict for plaintiff. Appealed to the next
Court of Assistants. Said Gould and Baker bound with John Baker
and Joseph Saffourd, as sureties.

Evan Moris, aged about sixty-six years, deposed that he was at
the works the evening before they were burned, and when Nath-
anell Lenard left work, deponent never saw so much care taken to
put out the fire as was that night, ''thou I had ben a retayner to the
workes 3 months bed and bord.” Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Elisabeth Blichman and Jeremiah Hoode deposed that Nathaniel
Lenord came into their house one Lord’s day at night after said Eliz-
abeth’s master Gould was in bed and ”did aske my master and if hee
should blow and worke at y^ worke my master made him this anser
that hee Could not giue him power to v/orke without his Brother
Thomas Baker was there or his Brother Androus and desiered y^ s«*
Nathaniel Lenord to goe to one of them or both before hee blowed :
and my master told him what they did Consent to hee would : but he
would doe nothing by way of incoriging him without them.” Sworn
in court.

Simon Bradstreet, Daniel Denison and John Putnam certified that
’’Whereas we haue on the behalfe of the owners of the iron works
this of April 1674 reentred upon the iron works giueing libertie
to m^'s Leonard for a weeke or fortnight to remoue her goods cut of
the house and haue since that made an agreement w^^ Sam^^ Leonard
by NatWi Leonard to worke at the iron works for the making of iron
wee doe heereby empower Ensigne John Gould or Thomas Baker
Tho. Andrewes or either of them (that in case the s^ Samuel & Nath-
aniel shal not w^hin this fortnight putt the works into repaire accord-
ing to agreement made w^h them) to putt the s^ mi’s Leonard out of
possession out of the said house & to remoue her goods, and in case
the si^ Samuel & Nathaniel doe performe as aforesd then they the s^^
Baker & Gould to take possession of one of the lower rooms
in the dwelling house for the entertainment of another workman
And doe further empower them to make prouision of wood coal &
myne for the carrying on of the worke & supply of the workmen for
that end. we doe also empower them to receiue all the iron that
shall be made & therew^h to pay all workmen & to returne the re-
mainder to the several owners. — Sept. 29, 1674.

Samuell Simonds v. Robert Ames. Replevin of a steer. Verdict
for plaintiff.

Writ of replevin, dated Nov. 18, 1674, for a steer of Samuel Simons
now detained by Robert Aimes, signed by Thomas Leaver, clerk,
and served by Jeremiah Elsworth, constable of Rowley. Samuell
Simon’s bill of cost, 31i. 8d.

Robard Andors, aged about twenty-eight years, deposed that Ed-
man Bredges hired him to carry a parcel of corn and a cupboard to
Salem for him in the middle of September last and deponent asked
him if the cupboard were made. Bridges said it was and that he
had already paid Sammuel Simons for it in a good pied steer which
was at John Commons’s. Further that deponent brought the cup-
board to Salem. Sworn, Nov. 24, 1674, before Samuel Symonds,
Dep. Gov.

COURT RECORDS RELATING TO TOPSFIELD

Zacheus Courties testified. Sworn in court.

Moses Tiller deposed. Sworn in court.

William Smith, aged about forty years, deposed that Goody Bridges
asked her husband how he paid for the ox and said she hoped he had
not put away the steer he sold to Samuell Simonds. Her husband
said that it was the steer he bought of John Letillhaell, which was
at John Cominses house and that said Simons was to pay for him in
"joynery work.” Sworn, Nov. 23, 1674, before Daniel Denison.

John Pabody, aged about thirty-two years, deposed that he was at
Edman Bredges’ shop when Bridges and Simons were making a bar-
gain about the boards of the shop, and Simons said if he had the
boards that said Bridges should not deprive him of the steer, etc.
Sworn in court.

John How, aged about thirty-three years, deposed that he saw
Robert Ames drive the steer, etc. Sworn in court.

John Cummings, aged forty years, deposed. Sworn, Nov. 23, 1674,
before Daniel Denison.

Gras Androus, aged about fifty years, deposed. Sworn, Nov. 23,
1674, before Daniel Denison.

Edmond Bridges’ receipt for the steer, dated Oct. 12, 1674, and
witnessed by Stephen Haskott and Zachery Courties.

Willyem Browne deposed concerning the steer taken away from
his master Simonds. Sworn, Nov. 23, 1674, before Daniel Denison.
—Nov. 24, 1674.

Ensigne John Goold v. Margarett Bishop, executrix of the estate
of Thomas Bishop. Jon. Putnam was to pay for the entry, and Tho.
Bishop was admitted as attorney for Mrs. Bishop. Verdict for plain-
tiff.

Writ, dated Nov. 19, 1674, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich.

Copy of the papers in an action between the same parties brought
in Ipswich court. Sept. 24, 1672 and Mar. 31, 1674, made by Robert
Lord, cleric.

Copy of bond, dated Feb. 1, 1672, given by John (his mark)
Gould of Topsfield and John (his mark) Newmarsh of Ipswich, for
251i. 17s. in silver or bar iron at 20s. per hundred, to Thomas Bishop
of Ipswich, to be delivered at the now dwelling house of Samuell
Bishop in Ipswich. Wit : Thomas Andrews and Robert Lord, jr.

John Gould’s bill of cost, 21i. 13s. 4d.

William Smith and John Morall deposed that in 1670 before In-
dian corn harvest, they saw John Gould deliver one bullock to Thomas
Bouship, sr., at Ipswich, the price of which was 81i., and it was put
into Bishop’s cow house. Sworn, Nov. 23, 1674, before Daniel Deni-
son.

COURT RECORDS RELATING TO TOPSFIELD

Edmond Bridges deposed that when the accounts were made out
Bishop allowed Goold six pounds for an ox. Sworn in court. En-
sign Goold disowned it in court.

Phelip Welch and Zachery Courties deposed that they were at work
by the side of Ensign Goold’s field about four or five years ago, when
Thomas Bishop came along and said the bullock had broken away
from him and he thought it might have gone back to Goold’s cattle,
etc. Sworn in court. — Nov. 24, 1674.

Writ : Elias Parkman and Thoms Andrews v. Wilaum Shaw ; for
claiming and improving a part of a farm in partnership between
plaintiffs ; dated 18:9: 1674 ; signed by Hilliard Veren, for the court ;
and served by Edmond Bridges, deputy for Henery Skerrey, marshal
of Salem.

Topsfield births, marriages and deaths, returned by John Reding-
ton.

Joseph, son of Matthew and Ruth Standly, born Dec. 14, 1671.
Benjamin, son of Matthew and Ruth Standly, born Nov. 12, 1673.
Lideah, daughter of John and Hanah Pabodye, born Mar. 9, 1673-4.
John Herreck and Mary Redington, married May 25, 1674.

Rebeca, daughter of Isac and Mary Cumings, born Apr. 1, 1674.
Thomas, son of Philip and Hana Weltch, born July 12, 1674,

Lidiah, daughter of John and Phebe French, born May 17, 1674.
Sarah, daughter of William and Rebeca Smith, born July 10, 1674.
Mehitabell, daughter of Daniell and Faith Black, born Mar. 10, 1670-1.
Abigell, daughter of William and Hana Averell, born Mar. 8, 1673-4.
Presilia, daughter of John and Sara Gould, born Nov. 2, 1674.

Hana, daughter of Thomas and Judeth Dorman, born Dec. 2, 1674.
Edmond, son of Daniell and Faith Black, born Dec. 6, 1674.

Mary, daughter of Ephraem and Mary Dorman, born Dec. 7, 1674.
Priscila, daughter of Mr. Tho. and Priscila Baker, born Dec. 8, 1674.
Elisabeth, daughter of Mr. Jerimiah and Elisabeth Hubbert, born Feb.
8, 1674.

Jacob, son of Robert and Mary Smith, born Jan. 29, 1674.

John, son of Thomas and Judeth Dorman, died Nov. 7, 1674.

Jacob, son of Isac and Mary Estey, born Jan. 24, 1674.

Sara, daughter of Samuell and Sara Howlet, born Nov. 25, 1674.
Mary, daughter of John and Elizabeth Ramsdell, born Jan. 27, 1674.

Bond, dated 4:5:1674, given by Samuell Leonard and Nathanel
Lenord for their appearance at the next Ipswich court to answer the
complaint of John Goold, as surety for Mr. John Ruck. Wit : Hill-
iard Veren and Edmond Bridges.

John Gould, on Oct. 1, 1674, made John How his attorney.
Zacheus Curtious, jr., testified that he and Walter Farfeeld being
at Mr. Gednie’s some time in October with Samuel Symonds, heard

COURT RECORDS RELATING TO TOPSFIELD

the said Symonds own that the bargain he had made with Edmond
Bridges, jr., about some joinery work which he was to do for him,
was to be paid in a steer if the work was done by Sept. 1. Further
that Symonds said the work had not been done because his man had
gone away and had stayed longer than he ordered him, etc. Sworn,
Mar. 26, 1674, before Daniel Denison. — Nov. 24, 1674.

John How served on the jury of trials at Ipswich court, Mar. 30,
1675.

Jo. Peabody took the freeman’s oath at Ipswich court, Mar. 30,
1675.

Nathaniell Putnam, in behalf of the owners of the Iron works at
Rowley Village v. Ens. John Gould, Mr. Thomas Baker and Nathan-
iell Leonard. Review of a case tried at the last Ipswich court about
the burning of the Iron works. Verdict for plaintiff. Ens. John
Gould appealed to the next Court of Assistants, but not bringing
sureties to prosecute his appeal, it was declared void. The testi-
monies of Looke, Ramsdell, Blishman and Hood were objected to by
plaintiff as not having been taken according to law, they living with-
in ten miles and not present, and also because John How testified
that Ramsdell revoked his testimony, which was objected to before
the case was committed to the jury.

Writ, dated Mar. 20, 1674-5, signed by Robert Lord, cleric, and
served by Robert Lord, marshal of Ipswich.

Copy of agreement, dated Apr. 6, 1674, between the owners of the
Iron works at Rowley Village, and Samuell, Nathaniell and Thomas
Leonard, sons of Henry Leonard, relating to making iron there by the
ton: the Leonards were to repair the chimneys, backs, &c., to stop the
leak in the dam and then to deliver the house, works and all utensils
and appurtenances, with the wood and coals at the works or in the
woods, to the owners or some one or two of them for the use of the rest;
the owners were to spedily provide a stock of coal and mine, and bring
it to the works, which the said Leonards are to make into good mer-
chantable bar iron with due care and diligence, with as little loss of coal
or mine as may be, for which the Leonards were to be allowed 51i.
10s. per ton to be paid in corn or iron at 24s. p C. ; they were to have
the use of two fires for the present, and what iron they made in ex-
cess of one ton per week for a month together, they should be allowed
61i. per ton ; the third fire is reserved to be disposed of by the owners
as they shall see cause ; the Leonards were to keep a true account
of every week’s product of iron and at least once a week, or oftener
if desired, deliver the iron to the persons appointed, or if in anchors,
the number of them ; they were to take care to prevent danger or
damage by fire or water, the necessary charges to be borne by the

COURT RECORDS RELATING TO TOPSFIELD

owners, and for other accidents or breaches that may happen with-
out their fault or neglect, said owners were to repair speedily, or they
may do it themselves and be allowed for it upon account, that the
works may not stand still any longer than necessary ; what mine
they should dig or wood cut, when materials are wanting at the
works, they should be allowed for in iron, at the rates given to other
men for the like work, that they may never be out of employment ;
they were to observe the order and direction of any of the owners,
especially in time of danger or floods, for taking and keeping down
the flushboards; this agreement was for six months, and the Leonards
were to have the use of two-thirds of the house, the other third to be
at disposal of the owners. Copy made. Mar. 24, 1674, by Robert
Lord, cleric.

Writ : Nathaniel Putnam, in behalf of the owners of the Iron works
V. Ensign John Gould, Mr. Thomas Baker and Nathaniel Leonard ;
trespass ; for employing Nathaniel Leonard, without their consent
or knowledge, to work in their forge at the Iron works whereby
either wilfully or through extreme carelessness and negligence, said
forge was burned and all in it to the value of between 200 and SOOli. ;
dated Sept. 14, 1674 ; signed by Daniel Denison, assistant ; and served
by Robert Lord, marshal of Ipswich. Copy made by Robert Lord,
cleric.

At a meeting of the owners of the Iron works at Rowley Village
at Salem, viz., Mr. Bradstreet, Major Genrll. Daniel Denison, Mr. John
Rucke, Ensign John Gould, Nath. Putnam and Thomas Andrewes, on
22:5: 1674 : ”M^ John Rucke, Corpi^ John Putnam & Tho. Andrewes
they or any two of them are required & impowred to treat & agree
upon as good tearms as they can for the benefitt of the s«i owners
with some skilful & meete workman, for the reedifyinge & repairing
the forge at the s«^ works lately demolished by fire, and desire that
it may be done & finished with as much speede as may be, and wee
doe heereby promise for our selues to discharge & pay our seueral
pportions according to their engagement, and shall endeauor, that
such of the owners as are absent shall doe the like, or for default
thereof by any of the owners, they shall be reimbursed by the first
Iron that is made at the s^ works, with due allowance for their for-
bearence, only it is desired the s<J owners may not be engaged to pay
any part thereof in money or not aboue 8 p^ thereof at the most.
Further it is ordered & agreed that Nathaniel Putnam shall & is
heereby appointed & impoured to sue,” etc. Signed by Simon Brad-
street, Daniel Denison, Nathaniel Putnam, John Gould, who signed
to the former part for the rebuilding but not in regard to the suit,
John Rucke, Thomas Andrewes and John Safford. Copy made by
Daniel Denison.

COURT RECORDS RELATING TO TOPSFIELD

Joseph Bexby and Abraham Reddington certified, Mar. 26, 1675,
that they being desired by Nathanell Putnam to tell him how much
the damage of burning the forge house amounted to, said that ”John
Perly by bargaine had too hundreth and teenn pound and three pound
more aded and we count one hundreth pound in Iron and what the
chimnies and the stocks and bellows and the matters that are con-
sidrable about them as leather and nailes may arise unto.” They
appraised the damage at 2101i. ''Joseph Bixbe doth not looke at
himself to be owner of any parte of the works.”

Nathanell Putnam’s bill of cost, 31i. 15s. 8d.

William Smith, Jeremiah Hood and Thomas Looke deposed that
they being at John Gould’s house some time in July last when some
of the owners of the Iron works were there, they heard the latter
say that they would have the works stand still. Then Mr. Thomas
Baker and John Gould said if they would pay the colliers in the pay
agreed upon, they would be willing for the work to stop, but the
owner who would have them stand still would not pay the colliers
and Major General Denison made this answer, that he had no pay to
spare, "let the works goe till they have payd all old - debts, but I
would haue them make no new debts,” and then he rode away. All
the others went also and they came to no agreement. Said Looke
deposed that Gould and Baker never hired him to work with Nath-
aniell Lenard in the forge, nor did they promise him any pay, but
said Lenard hired him. Sworn, Nov. 4, 1674, at Ipswich court.
Copy made. Mar. 26, 1675, by Robert Lord, cleric.

John How, aged about thirty years, deposed that he heard Thomas
Andrewes say to Ensigne John Gould that he would not consent to
Nathaniel Leonard working there, and if he did, it would be at Gould’s
risk. Further that Thomas Andrewes said that he could save him-
self though the works were burned, for he and his brother Gould had
agreed that Nathaniel Leonard should not work without Goodman
Looke, etc. John Wild testified to a portion of the foregoing. Sworn,
Sept. 29, 1674, at Ipswich court. Copy made by Robert Lord, cleric.

Evan Morris, aged about sixty-six years, deposed that he being at
the works the evening before they were burned, he saw Nathaniell
Leonard leave work and never saw so much care taken to put out
the fire as at that time, though deponent had been a retainer there
three months, with bed and board. Sworn, Nov. 4, 1674, at Ipswich
court. Copy made by Robert Lord, cleric.

Edmund Bridges testified. Copy made by Robert Lord, cleric.

Robord Bates deposed that John Gould hired him to carry the coal
into the coalhouse and to make up the doors so that the coal might
be secure, and he was to be allowed 4d. per load, etc. Sworn, Mar.
12, 1674, before Samuel Symonds, Dep. Govr.

COURT RECORDS RELATING TO TOPSFIELD

John Ramsdell and Thomas Looke deposed that after the owners
left John Gould’s house, Nathaniel Leonard told Baker and Gould
that he should go to work under the old agreement, and until his
brother Samuel came he would hire another man, but they forbade
him. Nevertheless Leonard went to work and threatened John Gould
when he found him at the works, etc. Sworn, Mar. 12, 1674, before
Samuel Symonds, Dep. Gov.

John Floyd, aged about thirty-seven years, deposed that Goodwife
Leonard and Nathaniel Leonard said they were done at the works
and would work no more and deponent saw that their goods were
gone out of the house, save a few trifles. Also Samuel and Thomas
Leonard were also gone, and John Gold asked deponent to agree with
the owners to carry on the Iron works. Sworn before Daniel Deni-
son.

Jacob Towne, aged about forty-four years, deposed that Ensign
Gold told him at deponent’s house that Nathaniel Linerd had been
to him that night and told him that the ringer was lost and he had
made one. Also that he should begin to blow on the next Monday
morning, and that he had engaged Jeremiah Hood to work with him.
Sworn in court.

Zacheus Courties, jr., aged about twenty-eight years, deposed that
his father and his brother John Courties carried two loads of clay to
the Iron works last spring upon account of Ensign John Gould and
Mr. Thomas Baker, and the Lenords daubed two of the chimneys at
the works. They also employed the Courties’ to mend the wheels
and repair the works. Sworn, Mar. 12, 1674, before Samuel Symonds,
Dep. Gov.

Letter of attorney, dated Mar. 10, 1674, given by Daniel Denison,
John Safford, Simon Bradstreet and John Rucke, owners of the Iron
works at Rowley Village to Nathanel Putman.

Jeremiah Hoode and Elizabeth Blichman deposed. The latter testi-
fied that Nathaniel Leonard came to her master’s house when he was
not at home and told her that he had blown at the works. When
her master came home, he went to get his horse to ride to his brother
Thomas Baker’s, etc. Thomas Looke testified to a portion of the
same. Sworn, Mar. 12, 1674, before Samuel Symonds, Dep. Govr.

Zacheus Courties, sr., deposed. Sworn, Mar. 12, 1674, before
Samuel Symonds, Dep. Govr.

Copy of papers in an action of Leonard vs. Mackfation, Mar. 25,
1673, in Ipswich court made by Robert Lord, cleric.

Edmund Bridges, aged about thirty-eight years, deposed. Sworn,
10:1: 1674, before Wm. Hathorne, assistant.

William Smith and Jerimiah Hood testified that they heard John

COURT RECORDS RELATING TO TOPSFIELD

Saford and Mr. Rucke say that they were willing the works should
go if they might have their share of iron. Sworn in court.

Jeremiah Hood and Elizabeth [Blichm]an deposed. Sworn, Mar.
12, 1674, before Samuel Symonds, Dep. Govr.

Willuiam Curtis and Edmond Bridges certified that by information
of Iron works’ builders and other workmen who have great insight
into such matters, they appraised the damage at 2101i. Sworn, 10 :
1 : 1674, before Wm. Hathorne, assistant.

John Ramsdell deposed that he came into the forge and looked up
the chimneys and that they were sufficiently mended. Sworn, Mar.
12, 1674, before Samuel Symonds, Dep. Govr. — Mar. 30, 1675.

Robert Ames v. Edmond Bridges. For withholding pay for a steer.
Verdict for plaintiff, who acknowledged satisfaction in court.

Writ, dated 26:9:1674, signed by Hilliard Veren, for the court,
and served by Robert Lord, marshal of Ipswich.

Walter Fayerfield, aged about forty years, testified that being in
company with Zacheus Curties at Mr. Gedny’s at the beginning of
the last winter, he heard Samuell Symonds say that he and Edmond
Bridges had agreed that said Symonds should make a cubbard and
other joinery ware by a set time, and if he did so, he was to have a
steer for pay, etc. Sworn in court.

Moses Tiler and Zacheus Courtis testified. Sworn in court.

Zacheus Curteus, Moses Tiler and Daniell Wycam testified that
Bridges promised that if Simonds recovered the steer from Ames at
Salem court, then he would pay for the steer and all court charges,
etc. Sworn in court. — Mar. 30, 1675.

Margret Bishop, executrix of the estate of Thomas Bishop, de-
ceased V. Ens. John Gould. Review of a case tried at Salem court
last November. Verdict for plaintiff.

Writ, dated Jan. 22, 1674, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich by attachment of
three cows, 30 sheep and a joined stool of defendant’s.

Margaret Bishop’s bill of cost, 21i. 13s. 6d.

John Numarch, sr., testified that he being present with his brother
Gould at Mr. Bishop’s house, etc. Sworn in court.

Samuell Bishop, aged about twenty-nine years, deposed. Sworn
in court.

John Gold’s debts, 241i. 17s. John Gold’s credits, from the waste
book, for an ox, 61i.

John Choat, aged about forty years deposed that being at his
master Bishop’s house four years ago, he asked said Bishop to sell
him a bullock, and he said he would sell one he bought of John Gold
of Topsfeild for 61i. Deponent bought this beast which was a red
pied bullock with a star in his forehead. Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Richard Pasmore, aged about thirty years, deposed that he heard
his master Bishop speak of the bullock the fall before he died. After-
wards the bullock ran away, and his master and John Harvey brought
him home. Sworn in court.

John Gould testified concerning the accounts. Sworn in court.

Robert Lord, marshal, aged about forty-three years, deposed.
Sworn in court. — Mar. 30, 1675.

Daniel Clarke had his license renewed for a year.

Ens. Jo. Gould acknowledged judgment to Robert Pane, in bar iron.

Mr. Thomas Baker acknowledged judgment to Mr. Robert Paine,
in bar iron.

Ens. Jo. Gould had his license to sell beer and cider renewed for a
year, also his license to sell liquors to a stranger.

Ens. John Gould was bound, with Mr. Thomas Baker and Zacheous
Curtice, as sureties. Court not accepting said Curtice, Mr. Baker
also refused and went away, and the appeal did not stand.

Ens. Jo. Gould acknowledged judgment to Tho. Baker, in bar iron.

There being part of a fine of 50s. remaining from the town of
Topsfield for want of a stock of powder, court allowed the 50s. to
said town towards their bridge over Ipswich river.

John How, complained of for disturbance at the town meeting at
Andover, was admonished. — Mar. 30, 1675.

Ensign John Goold v. Thomas Bishop. For refusing to deliver a
deed of sale of land which was given for security of a bond, the bond
being all paid. Verdict for plaintiff, a bill of sale, dated Oct. 3, 1674,
of fifty acres of land. Appealed to the next Court of Assistants.
Thomas Bishop and Samuell Hunt bound.

Writ, dated June 24, 1675, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich. Bond of Thomas
Bishop.

John Gould’s bill of cost, 21i. 16s. 9d.

John How, aged about thirty-three years, deposed as to the bond.
Sworn in court.

Receipt, dated Apr. 3, 1675, given by Samuell Bishop to Ens. John
Gold, for satisfaction of the judgment of the court at Boston in an
action commenced against said Gold by Nathaniell Bishop, as assignee
of Thomas Bishop. Wit : Jonathan Wade and Thomas Wade.

Summons, dated June 15, 1675, for the appearance of Ens. John
Gould upon complaint of Mr. Thomas Bishop, signed by Daniel
Denison.

Thomas Bishop, on Oct. 3, 1674, agreed not to sell the fifty acres
conveyed to him by John Gould, by mortgage, until the expiration
of the bond. Wit : John How, Samuell Bishop and Ephraim Dorman.
Sworn, 24:9 : 1674, before Wm. Hathorne, assistant.— /w/y 20, 1675.

COURT RECORDS RELATING TO TOPSFIELD

Ens. John Goold v. Mrs. Margaret Bishop, executrix of the estate
of Tho. Bishop, deceased. Review. Verdict for plaintiff. Appealed
to the next Court of Assistants. Samuell Bishop, John Spark and
Samll. Hunt bound.

Writ, dated June 24, 1675, signed by Robert Lord, for the court,
and served by Robert Lord, marshal of Ipswich, by attachment of
two horses of defendant.

John Gould’s bills of cost, 241i. 17s., and 31i. 13s. Id.

Zacheus Curtiss, jr., deposed that being at John Gould’s house, he
remained all the time that Marshal Lord was levying the execution,
etc. Edmond Bridges and John Nuemarch also mentioned.

Edmond Bridges deposed. Sworn in court. — July 20, 1675.

Ens. John Goold v. Nathaniell Putnam, in behalf of the owners of
the Iron works at Topsfeild or Rowley village. Review. Verdict for
defendant. Appeal to the next Court of Assistants. Bond of John
Goold, Lt. Oliver Purchase and Edmond Bridges.

Writ, dated 11:3: 1675, signed by John Redington, for the court,
and served by Robert Lord, marshal of Ipswich, by attachment of
360 acres of land which was taken from Ens. Gould, Mr. Thomas
Baker and Nathaniell Leonard being the other defendants.

Nathaniel Putnam’s bill of cost, Hi. 14s. 6d.

Copies of papers in a similar action brought. Mar. 30, 1675, in Ips-
wich court.

William Smith deposed that he being at the works soon after the
owners had made a re-entry of the works, Mrs. Lenord made a sad
complaint how the owners had abused them, and said she did not
question but that God would right their case, for they had done no
wrong. She said that it was never known that any workmen were
turned out of the works but some sad thing did befall the works and
she did not question that the works would be ruined either by fire or
water. Sworn in court.

Edmond Bridges deposed. Sworn in court.

William Smith deposed that being at John Gould’s house when
John Fload was bargaining with the owners of the Iron works, he
heard Nathaniel Lenord say that the owners should not ask anybody
to work there without his consent until his time was out. Further,
if anybody did come without his consent, he would work for the
time he was hired ”in spite of ye owners teeth.” Sworn in court.

William Smith deposed that Nathaniell Lenord told him that he
arose about break of day, looked out at the chamber window and
saw the works on fire and Henery Lenord told deponent that Nathan-
iel called him and said ”Come hither and see how ye forge doe burne.”
They stood and looked at the forge burn down. Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

John How deposed. Sworn in court.

William Browne and Joshua Besson deposed. Sworn in court.

Robert Lord, marshal, testified concerning levying the execution.
Sworn in court.

Thomas Baker deposed that when the owners were at his brother
Gould’s, and after they were gone Nathaniel Lenord said if he could
work he would get Goodman Looke to work with him. Deponent
accounted said Looke to be faithful and trusty, and the latter said
he had two weeks work engaged in mowing and then he would go
to the works. When the works were burned, Looke was not there.
Sworn in court. — July 20, 1675.

Mr. Phillip Cromwell v. John How, the marshal’s deputy. For
neglecting to serve an execution against Samuell Lenord. Verdict
for plaintiff. The defendant was to satisfy judgment or deliver the
person of said Leonard to Mr. Cromwell. Execution respitted until
the next June court at Salem, unless said How should be removing
out of this jurisdiction in which case this indulgence was to be taken
off.

Writ, dated June 21, 1675, signed by Thos. Fiske, for the court,
and served by Edmond Bridges, jr., deputy for Robert Lord, marshal
of Ipswich.

Mr. Cromwell’s bill of cost, 21i. 6s. 4d.

Robert Lord, John Gould and Edmond Bridges certified as to serv-
ing the execution. Sworn in court.

Ephraim Dorman, aged about thirty years, deposed that he being
at Quartermaster Pirkins’ house at Ipswich some time about last
Mickellmes, Marshal Lord blamed John How for not arresting Sam-
muell Lenord, but later Lord talked with How and was satisfied.
Sworn, June 24, 1675, before Daniel Denison.

Edmond Bridges and Sarah Gould deposed. Sworn, June 24, 1675,
before Daniel Denison.

John Gould deposed that upon training day at the Village Sam.
Leonard was there all the forenoon and afternoon as a looker-on, and
at night when they were leaving off, they went to Robert Stiles to
drink a cup of cider. Leonard and How were there when the house
was full of company and staid there until all the company was dis-
missed, etc. Sworn in court.

Joseph Peabody, aged about thirty years, deposed that How came
up to Samuell Lenord with a smiling countenance, tripped him up
and Lenord tripped him, and then How laid hold on him or clapped
him on the back and said that he was his lawful prisoner. Then
Howe spoke to Daniell Bigsby and deponent to assist him, but all
thought it was a jest. Finally he said he was in earnest and com-

COURT RECORDS RELATING TO TOPSFIELD

manded them in his Majesty’s name, whereupon Leonard ran over
the fishing brook and escaped. Sworn in court.

Zacheus Cortis, aged about twenty-nine years, deposed. Sworn
in court. — July 20, 1675.

William Nickolls, [of Topsfield] was rated 9s. 4d. on the minister’s
rate and the meeting house rate at Salem Village in 1672, but had
not paid on Dec. 28, 1674. — July 20, 1675.

Samuell Bishop and Margaret Bishop, executors of the will of Tho.
Bishop, deceased v. Ens. Jon. Goold. Appeal from the judgment of
the Worshipful Major Genrll. Denison. Debt. Special verdict. If
one single evidence with defendant’s affirmation, it not appearing to
be a book debt nor how due nor in what, be sufficient proof accord-
ing to law, they find for defendant, a confirmation of the former
judgment; if not, for appellant, a reversion of the former judgment.
Court found for plaintiff, the reversion of the former judgment.

Writ : Ens. John Gould v. Samuel Bishop and Margaret Bishop,
executors of the estate of Thomas Bishop ; debt ; dated Apr. 6, 1675 ;
signed by Robert Lord, for the court. Copy made, June 25, 1675,
by Daniel Denison.

Copy of papers in this action brought before Major Denison : Zach-
eus Curtise, sr., testified that he being in company with Thomas
Bishop, sr. and John Gould some years since, heard Bishop own the
debt, etc. Sworn, Apr. 20, 1675, before Daniel Denison, and copy
made by Daniel Denison.

This action was tried before Major Denison, Apr. 20, 1675, with
judgment for plaintiff. Appealed to the Salem court, John Baker and
John Finder, sureties. Copy made by Daniel Denison.

Bill of cost. Hi. 2s. 6d.

Samuell Bishop’s reasons of appeal, received June 22, 1675, by
Daniel Denison : 'There is but one single and simple Evidence to w*
is proved in the Case (who if he were examined w^ an oath is wn he
is out of his Cups I suppose Can Give but a poor accompt of his
knowledge) For when the s^ Curteis were examined before the Major
Generali touching his evidence (he answered him) that he had never
thought of it from the time that y^ words were spoken till a weeke
or a fortnight before y^ tryall of the Case wch makes the present
plantiffe Groundlesly thinke that there were not in that evidence
the truth, the whole truth & nothing but the truth,” etc.

John Gould’s answer to Samuell Bishup’s reasons of appeal : ”As to
ye wisdome of y® parson wee acknowlidg hee may not haue so much
Craft as a Buship but wee trust more honisty then all ye Buships that
may share in this estate if Recouered from ye p^sent defendant afirming
positiuly and one witnes making oath ye dettar neuer dening is dubel

COURT RECORDS RELATING TO TOPSFIELD

and Consiquntly Leagull profe before God and man and wee hope
this prsent Court will take notis how much this Charge doth reflect
apon ye former Court that Judged this Case. ... I hope this Court
will be verey redy to Grant releufe in Cases where ye Buships of this
Genaration would atempt soe hily to Apeale from Judgment Granted
apon Law and testamony,” etc. — July 20, 1675.

Samuell Bishop and Margarett Bishop, executors of the will of
Thomas Bishop, deceased v. John Goold. Appeal from the judgment
of the Worshipful Major Genrll. Denisson. Debt. Special verdict.
Court found for plaintiff. — July 20, 1675.

Thomas Leonard complained of upon suspicion of having a hand
in burning the coal house at the Iron works, court found that there
was great ground of suspicion, and ordered that if said Leonard be
found within seven miles of Topsfeild or the Iron works for time to
come, he should be whipped and complained of to a magistrate by
any person who should find him, and he was also bound to good be-
havior during the pleasure of the court. Thomas Leonard, Mr.
Oliver Purchas and Ens. John Goold bound.

Oliver Purchis, aged fifty-eight years testified that Thomas Leon-
ard, Blaye Vinton and Sarah Perkins came to Lyn works on the sixth
day before the coalhouse at Rowley Village was burned, an the Lord’s
day and they were at the house where deponent dwelt at or before
three o’clock in the afternoon. They were at home that night, about
home all the next day and the Lord’s day on which the coalhouse
was burned, and were at Lyn meeting both forenoon and afternoon.
Further deponent never heard Leonard make any complaint against
the words or the owners. Sworn in court.

John How deposed that Goody Lannord said a few days before she
went away from Rowly Village that the works would be ruined,
”Mark said she thay will sartonly be demolished for saied she the
owners haue delt wekedly with us : and saied the workmane haue a
trek to hender any from working after them If thay be torned out :
thay will com to damig said she by fier or otherwise.” Samuell and
Nathanill also spoke such words, and Samuell vowed vengance upon
the owners. Sworn in court.

Jeremie Houd deposed that he saw Thomas Lenord at the Iron
works at Topsfeld the Friday before the fire and he tied his horse to
the coalhouse. Further that they laid up the coalbasket on Friday
night but on Saturday morning half of it was burned off. Sworn in
court.

Thomas Andrews deposed that the coal that lay on the side next
the dwelling house was not on fire until the coalhouse fell on it, after
which he took a shovel from that side that was only a little scortched.

COURT RECORDS RELATING TO TOPSFIELD

Warrant, dated 22:5: 1675, for the appearance at sight, of Thomas
Pearly and wife Liddea, John How, Samuell Simonds, Daniell Wood,
Jeremiah Hood, Thomas Towers, Zacheus Curtice, jr., Edmund
Bridges and Ensign John Goold to give evidence concerning the
burning of the Iron works, signed by Hilliard Veren, for the court.
The constable of Salem was ordered by the court to ''press a horse
& man to send away this warrant,” and John Littlehale made oath
in court that he had summoned the persons mentioned.

Samwell Simons, aged about thirty-five years, and Daneell Wood,
aged about twenty-five years, deposed that they saw the fire and the
windward end of the house was first burned, which was toward the
southwest. Sworn in court.

Thomas Tower deposed that on Thursday night Lannord came to
Goody Androuses, and thence to John Gould’s, where he lodged.
Sworn in court.

John Gould deposed that Jacob Towne told him that the end next
the highway was burned first, etc. Sworn in court.

John Putnam deposed that he was at John Gould’s house on Thurs-
day night and, when Lenerd came in, asked him where he had been.
He said he was not bound to give account. Sworn in court.

Blaze Vinton, aged twenty-one years, deposed that he had asked
Leonard to go with him to Topsfeild and Ipswich, etc. Sworn in
court.

Thomas Perley, aged about thirty-four years, deposed that the
next week after the fire, Nathanel Lenod came into his field and said
he was glad he was not there when the house burned, because they
would have said he burned it. Sworn in court.

Edmond Bridges testified that on Friday, Lenard tied his horse to
the coalhouse, came down to the forge and asked for John Vinton,
etc. Sworn in court.

Zackeas Curtis, aged about twenty-nine years, testified that he was
at the "upper finere whell,” etc. Also that he saw Thomas and Nath-
anell Lenord on Friday late at night come riding from the forge by
deponent’s house. Deponent asked them if the workmen were at
the works and they said they could not tell but saw a light in the
forge, etc. Sworn in court.

John Vinton, aged about twenty-six years, deposed that he with
Thomas Tower and John Chilscn, went to Goodwife Andrewes, etc.
Sworn in court. — July 20, 1675.

V/hereas Samuell Leonard made an escape from under the hands
of justice to some parts in Coneticot Colony, court desired that the
said Colony return him, if found, as a runaway. — July 20, 1675.

The town of Tosfeild presented for a defective highway between

COURT RECORDS RELATING TO TOPSFIELD

Salem bounds and Topsfeilde bridge. Wit : Natheinnel Puttnam
and James Moltten, jr. — July 20, 1675.

Thomas Leonard was in Lynn on Aug. 30, 1675 when he was fined
for fighting with John Alley.

John How, constable of Topsfield, was fined for not returning his
warrant for jurymen. — Sept. 28, 1675.

Robert Ames v. Samll. Simonds. Verdict for plaintiff. Damages
in neat cattle not exceeding four years old.

Writ : Robert Ames v. Samuel Symonds ; for illegally withholding
a steer; signed by Thos. Fiske, for the court; and served by John
Gould, deputy for Robert Lord, marshal of Ipswich, by attachment
of land near defendant’s house.

Copy of the record and files of Salem court, 24:9: 1674, and Ips-
wich court. Mar. 30, 1675, in a similar action, made by Hilliard Veren,
cleric.

John Comings, jr., and Thomas Comings deposed that in the latter
end of Sept., they saw Samuell Symonds come and look amongst
their father’s cattle and take away the steer that Robert Ames spoke
with their father to keep for him until he had gathered his Indian
corn, etc. Sworn, Nov. 29, 1675, before Daniel Denison.

Edmond Bridges, aged about thirty-eight years, testified that he
sold the steer on Aug. 23, 1674 to Robert Ames, which was the same
day that he had received it from John Littlehale. Sworn, 17:9: 1675,
before Wm. Hathorne, assistant.

John Cummings deposed. Sworn, Nov. 23, 1675, before Daniel
Denison.

John Cummings, aged about eighteen years, deposed. Sworn,
Nov. 23, 1675, before Daniel Denison.— A7?z;. 30, 1675.

Execution, dated 2:7: 1675, against Ensign John Goold, to satisfy
judgment granted Samuell Bishop and Margerett Bishop, executors
of the estate of Thomas Bishop, at Salem court, 20:4: 1675, signed
by Hilliard Veren, cleric, and served by Henery Skerry, marshal of
Salem.

Execution, dated July 29, 1675, against Robert Ames, to satisfy
judgment granted Edmond Bridges, July 20, 1675, at Salem court,
signed by Hilliard Veren, cleric, and served by Henery Skerry, mar-
shal of Salem. — Dec. 21, 1675.

Jacob Towne served on the jury of trials at Ipswich court. Mar. 28,
1675.

Ens. John Gould had his license renewed for one year. — Mar. 28,
1675.

Daniell Cleark of Topsfield was licensed to keep a public house of
entertainment for the ensuing y^2x.—June 27, 1676.

COURT RECORDS RELATING TO TOPSFIELD

Jonathan Wiles dying intestate, John Wiles was appointed ad-
ministrator of the estate and made oath to the inventory.

Inventory of the estate of Johnnathan Wiles, taken June 28, 1676
by John How and William Aver[ill] and allowed 30:4: 1676 in Salem
Court ; a mar and ould sadell, 21i. ; a small Gun, 15s. ; three saws,
18s. ; a beres, 5s. ; Broad ax, 5s. ; square, 2s. 6d. ; mortis auger, 2s. ;
ould lorans. Is. 6d. ; an ould ax, 2 s.; an inch auger and a payer of
chisells, 3s. 6d. There is a parsed of land about 15 akers which was
to be Johnnathan’s after his fathers decase ; this to be considered
whither to be in the Inventory or no. — July 27, 1676.

The selectmen of Marblehead, petitioning to this court that one
Phillip Welch, an inhabitant of Topsfeild, had lately removed into
their town, who was very poor and likely to be chargeable to their
town, declared that it was without the consent of the selectmen and
most of the inhabitants and they disowned him as an inhabitant.

Petition, dated July 14, 1676, of William Beale and Richard Rieth,
for the selectmen of Marblehead, to the court : ''whereas the lawes
of this common wealth ordereth that euery Towne shall prouide for
their owne poore ; phillip welch of Topsfeild being reputed A very
poore man & of late com with his Family into our Towne of Marble
Head without Leaue obtained from either Towne or selectmen, also,
beeing ackcording To our towne order warned either to depart or
giue bond for ye Townes securitie hee refusing to doe either, wee
doubte not but this honnoured court will giue releeffe against this
iniust intrusion.” — July 27, 1676.

Isaack Comings served on the grand jury and William Averill on
the jury of trials at Ipswich court. Sept. 26, 1676.

Daniell Boreman v. Agnes Evens, widow and administratrix of the
estate of her late husband William Evens, deceased. Verdict for de-
fendant.

Writ, dated Nov. 22, 1676, signed by Edward Tyng, assistant, and
served by Returne Waite, deputy marshal of Suffolk.

Copy of writ : Agnes, widow of Willyem Evens v. Daniel Borman
of Topsfeld; debt; dated Boston, Oct. 6, 1676; signed by John
Davenport, for the court ; and served by John How, constable of
Topsfield.

Agnes Evens’ bill of cost, 8s.

Abraham Redington, being desired by Daniel Boarman to appraise
six cattle, oxen, etc., for pay to Goodman Evens for the farm he
bought of Goodman Evens in 1672, and as well as he could remember
the amount was 341i. which was more than the farm was worth ac-
cording to his judgment. Sworn, 21:9: 1676, before Wm. Hathorne,
assistant.

COURT RECORDS RELATING TO TOPSFIELD

Bond, dated Dec. 20, 1665, without signature, given by Daniell
Borman of Ipswich, husbandman, to William Evens of Topsfeild,
yeoman, for lOOli., to be paid in cattle, if lean not exceeding seven
years old, if fat they may exceed, and wheat, rye, barley, malt and
one firkin of butter, and delivered at Ipswich aboard some vessel
bound for Boston, said Borman giving for security the meadow and
housing purchased of said Evens.

John How testified that he was hired by Willyem Evens to drive
six cattle to Boston which Evens had from Daniil Borman of Tops-
feld, etc. Sworn in court.

Nathaniell Putman deposed that he was present when the account
between the parties was settled and saw the receipts from William
Evens. Sworn, 1:9:1676, before Wm. Hathorne, assistant.

Sam. Pearce, aged about twenty-three years, deposed that about
Mar. 29, 1670, he received on board of their barque sixty bushels of
malt and one firkin of butter, etc., which he delivered to Evens at
Boston on Apr. 17, etc. Sworn, Nov. 27, 1676, before Daniel Deni-
son.

William (his mark) Evens’ receipt, 9:8: 1669, to Daniil Borman
for cattle. Wit : Frances Pabody and Abraham Redington. — Nov.
28, 1676.

Thomas Leonard, Mr. Purchas and Ensign John Gould were freed
from their bonds. — Nov. 28, 1676.

John Comings served on the jury of trials at Ipswich Court, Mar.
27, 1677.

John How was sworn constable for Topsfield.

William Pritchett dying intestate, administration upon his estate
was granted to John Pritchet, his eldest son, who was to bring in an
inventory to the next Ipswich court. — Mar. 27, 1677.

Ens. John Gould v. John Cook. For withholding 41i. Verdict for
defendant.

Writ, dated 29 : 9 : 1676, signed by Hilliard Veren, for the court,
and served by Henery Skerry, marshal of Salem.

Samuell Lanord testified that John Cooke of Salem, blacksmith,
brought a note to deponent’s father from Ens. John Gould of 41i. in
bar iron which was credited upon the book. Sworn, 5:8: 1674, be-
fore Wm. Hathorne, assistant.

Josias Bridges, aged about twenty-two years, testified that to his
knowledge Samuel, son of Henry Leonard of Topsfield, transacted
his father’s business in his absence and kept his books after his book-
keeper, James Hansecom, went away. Sworn, 2:1: 1676, before
Wm. Hathorne, assistant. Edmund Bridges swore to the same be-
fore Wm. Hathorne, assistant.

COURT RECORDS RELATING TO TOPSFIELD

Richard Croade, aged about forty-eight years, and Samuel Marsh,
aged about twenty-four years, testified that being in John Cooke’s
house, he heard Samuel Leonard make up his account with said
Cook, etc. Sworn, 2:1: 1676, before Wm. Hathorne, assistant.

Elizabeth Blichman deposed that in 1673 John Cooke came with
a note from Mr. Gednie of Salem to her master John Gould for 41i.
worth of iron, and the latter went with him to the works to get it, etc.
Sworn, Nov. 25, 1676, before Daniel Denison.

”M^ Lenord I would entreat y^ to Let Goodman Cooke haue fouer
pounds in Iron one my a Count as soone as y« Can and if y^ Could
Let him haue som now et would do him a great plesure in yo^^ so
doeing I shall Rest yo^* Louing Friend John Gould. Dated y® 10: of
9"^ 1673 : ”

On the reverse of the foregoing paper : ''I Samuell Leonard in the
behalf of my Father Henery Leonard doe make protest against this
bill,” etc. Wit : Richard Croade and Blaze (his mark) vinton. — Mar.
27, 1677.

Thomas Leonard, Samuell Moore and Blaze Vinton for robbing
upon the highway, were ordered to be branded upon the forehead
with the letter B and each to pay to Wm. Lattimore five nobles and
to Richard Simmons, 20s., and for affronting and abusing Bellringer
and Stace upon the highway, they were fined and bound to good
behavior. Court ordered the marshal to pay out of what was allowed
to Bellringer and Simmons to Mr. Latimore 15s. each for their
charges in prosecuting.

William Lattarmore testified that upon the 9th day of this month
coming from Boston in the evening near Gorg Darling’s, he met with
Tho. Lenard, Samuell More and Blaze Vinton in the King’s highway.
”The furst salutation that I had Tho. Lennard bid me stand : and
Asked me whoe was thare and I made Answer we ware men : then
Lenard chalinged us of our horsis to try our manhood and said that
he would take me by y® lylides and make my heels strik fiar against
the eliment : sum small spass aftar these words the abouesaid len-
nard and Samuell more followed me and plucked me of my horse and
robed me and touck from me : a gould ring tow shilings in monny
of silver and Gould ribbin : and fower yards of silver twest.” Sworn,
18:10:1676, before Wm. Hathorne, assistant.

Richard Simons testified that he was with William Lattarmor and
John Trevit, and was pulled from his horse, chased and forced against
a tree, where they struck him as many as a hundred blows. At
last someone came from Darling’s and rescued him or else he might
have been robbed for he had a great deal of money about him, etc.
Sworn, 18 : 10 ; 1676, before Wm. Hathorne, assistant.

COURT RECORDS RELATING TO TOPSFIELD

Lenard Bellringer testified that some time last December coming
from Salem upon a Saturday night at Forris river, he laid down his
net lines at the foot of the bridge. Three horsemen came along,
the same who abused Latamore, and Sam. Moore stooped down with
his stick, took up the lines and threw them into the river, saying,
"You doge fetch them out or els I will put you in or throw you into
the rivar.” So he was obliged to get his lines from the river and they
beat him and told him never to sit on a bridge when gentlemen pass
by. Sworn, 16:1: 1676-7, before Wm. Hathorne, assistant.

John Bassay testified that about Dec. 9 in the evening he, Samuell
Peeke and Mr. Blainar saw Tho. Lenard, Blaze Vinton and Samuil
More go into Gorg Dalings house and stay awile, and after they
went away deponent heard a great combustion, men cry out and
blows pass. They went into the house and found Richard Simons
down and some of the before mentioned men upon him, but when
they saw them they left him, etc. Sworn, 22:11: 1676, iDefore Wm.
Hathorne, assistant.

Jno. Trevett, aged about twenty-two years, testified that the three
men met with them between Darling’s and Richard’s houses "in ye
Dusk of ye Euening and these men asked who Comes there we An-
swered friends they Bid us stand but we thought noe harm but Rid
on ou^" way,” etc. Mr. Blaney rescued them, etc. Sworn, 22:11:
1676, before Wm. Hathorne, assistant.

Jno. Stascye, aged about twenty-six years, deposed that coming
from Salem in the south field, the three men overtook him, took his
hat off and carried it away, etc. Sworn, 18 : 10 : 1676, before Wm.
Hathorne, assistant.

Jno. Blanye, aged about forty-six years, testified that he with Sam-
uell Pike and Jno. Basye had some business at George Darling’s
house where they found the three men complained of, having two
pots of cider and cakes. When they had paid, the three bade them
farewell and away they went. One of the men they assaulted was
from Boston and had nearly a hundred pounds with him, etc. Sworn,
18:10: 1676, before Wm. Hathorne, assistant.

Samuell Pik, aged about twenty-two years, testified on 22:11:
1676, etc.— Mar. 27, 1677.

Upon strong information by divers persons that Wm. Lattim*ore
said that Blaze Vinton did not strike him but endeavored to rescue
him, court respitted that part of the sentence of branding until Salem
court. Said Vinton bound for appearance at the next Salem court,
with his brother John Vinton, as surety.

William Lattemor testified that when he was robbed on the high-
way Blaze Vinton pulled the men from him and if it had not been

COURT RECORDS RELATING TO TOPSFIELD

for Vinton, they would have murdered him. Sworn, 10:2: 1677,
before Wm. Hathorne, assistant.

Thomas Browne, aged twenty-two years, testified that he being at
Theophilus Baylye’s house and hearing a noise upon the common,
crying murder, found William Latymore fighting with a man and
striking many blows, calling him odious names not fit to be spoken
by men, as rogue, bastard and fool. Sworn, 10:1: 1676-7, before
Wm. Hathorne, assistant.

Edmond Bridges deposed that discoursing with Belringer about
the fray, the latter said that if ever he met with Blaze Vinton, "if
I haue but one shilin he shall haue part of it for when More and
Lenard was foule on me Vinton stood a prity way from us and
leaned on his horse and nether said nor did to my damige.”

Joseph Holoua, aged thirty years, testified that being at Goodman
Babe’s house at Lin, etc. — Mar. 27, 1677.

Thomas Leonard was bound to good behavior, with Ens. John
Gould and John Newmarsh as sureties. — Mar. 27, 1677.

Blaze Vinton was cleared of his bond given for his good behavior.
— June 26, 1677.

Edmond Bridges v. Mr. Robert Paine, sr. Verdict for plaintiff, in
bar iron.

Writ, dated 20:4: 1677, signed by Thos. Fiske, for the court, and
served by Robert Lord, marshal of Ipswich.

John Bridges testified that about four years since Nathanil Pyper,
who was master of Mr. Robart Payns’ bark, came up to Topsfild to
his brother Edmond Bridges and bargained for him to make an anchor
of about eight score weight, which he did, and hired a cart and car-
ried it down to master Paine. The latter said he would see that said
Bridges was paid in iron for it at his own shop. Mr. Payne would
have had "my brother exsepted of lenard paymaster but my brother
if Lenard doth payeth me the Irone I v/ill takit but my brother del-
leuared the ancors to M^ paine apone his ingagin to pay him for it
in barr Irone.”

Danil Black testified. Sworn in court.

Edward Bridges’ bill of cost, Hi. 17s. 8d.

John Gould and Sarah Gould testified that Piper said they could
not go to sea until the anchor was done. Sworn, 15:4: 1677, before
Wm. Hathorne, assistant.

Robert Payne, jr., aged forty years, testified that about the begin-
ning of February, 1673, Plenry Leonard coming to Ipswich and de-
ponent’s father seeing him, etc. Sworn, June 25, 1677, before Dan-
iel Denison. — June 26, 1677.

Goodman [Daniel] Cleark of Topsfeild had his license renewed for
keeping a house of entertainment. — June 26, 1677.

COURT RECORDS RELATING TO TOPSFIELD

John Comings served on the grand jury at Ipswich court, Sept. 25,
1677.

John Pritchett v. Samuell Browne. Debt. Verdict for plaintiff.

Bond, without date, given by Samll. Browne of Salem to John
Pricket of Topsfield, for a cow. Wit: Ephraim Dorman and Joseph
Pricket. Sworn, 27 : 7 : 1677, before Wm. Hathorne, assistant.

Robert Lord, marshal V. John Vinton. Debt. Verdict for plaintiff.

Bond, dated Mar. 30, 1677, given by John Vinton of Topsfield to
Robert Lord, marshal of Ipswich, for the payment of 20s. to Richard
Semons and 20s. to Bellringer. Wit : John Browne. Sworn in
court.

John How, for cursing speeches against the woman [Hanah Hay-
ward, who had a bastard child], was fined, and upon the second pre-
sentment for warning meetings on the Sabbath days, was admon-
ished.—25, 1677.

Tobijah Perkins served on the jury of trials at Ipswich court. Mar.
26, 1678, and constable Sam. Howlet of Topsfield was in attendance.

The Ipswich town records under date of Nov. 24, 1665, show that
the selectmen redivided a part of Plum Island and allowed "To Wm.
Pritchett for sergt. Jacob’s farme thre acres.” — Mar. 26, 1678.

Peter Swamway, presented for fornication, was ordered to be
whipped or pay a fine.

Thomas Baker was admonished upon his presentment.

John Cummings, aged forty-seven years, deposed that "in the time
of publik worship mister hubbard preaching ought of the 4 psal. hoo
will shew us any good lord left ouer us the lit of th Countinanc he
saying in act of exsortation that y® good a Christian desired ded not
lie in lands and great farmes but in the lit and countinance of gods
favioure y^ I ded se thomas baker lafe In so much yt M^ hubbard
sayd you shall not lafe for I deed not goo abought the bush for what
I speake for this depoonat saith that another time thomas baker was
seetin in his seat as if he ware asleep with his head upon the for
part of the seat so longe that at last mister hubbert spake oute of
exsersis and sayd do not sleep so unlese you mind to be named.
Thomas backer turned his face to me and laught,” etc. Sworn in
court.

William Howlett, aged twenty-seven years, deposed that he saw
Thomas Baker laugh several times in the time of public worship.
Sworn in court.

Thomas Perkins, sr., deposed that by the change of Baker’s coun-
tenance, he judged that he laughed, etc. Sworn in court.

Presented for unseemly carriage and laughing in time of public
worship on Sabbath days. Wit : Deacon Perkins, William Howlett,
John Wiles and John Cumings. — Mar. 26, 1678.

COURT RECORDS RELATING TO TOPSFIELD

Daniell Clarke, for selling a gill of liquors to the Indians, was fined.

John How and 'Peter Shomway deposed that one day last week
there came Jaremiah Indon, the tinker, from Daniil Clark’s so dis-
guised with drink that he could not go but fell down in the highway.
Deponents went over to said Clark’s and told him that he did not do
right to let Indians have drink, the latter having said that he had
five gills of rum last night, but Clark said he let him have one gill
and no more. Owned in court.

Presented from Topsfield. Wit : John Gould, John How and Peter
Sham way. — Mar. 26, 1678.

John Gould of Topsfeild, for reproachful speeches and behavior in
court toward Capt. Saltonstall, as saying ''you are no judge of ye
Court,” in a violent manner, was fined. Salisbury Court : — Apr. 9,
1678.

Goodman Looke was fined upon his presentment.

Presented from Topsfield for excessive drinking. Wit : Ens. John
Gold and Deacon Perkens’ wife.

John Gould testified that being at Goodman Clarke’s with Good-
man Looke, there were five of them who drank two gills of rum and
one quart of cider. They all went away together and Goodman
Looke seemed not to be as well as at other times. Sworn, Apr. 10,
1678, before Daniel Denison. — Apr. 30, 1678.

Peeter Shamway’s wife, upon her presentment, was fined or ordered
to be whipped.

Peter Shamway of Topsfield was presented for fornication. Wit :
Michael Dwanell and John How. — Apr. 30, 1678.

Zacheus Curtice v. Benjamin Thomson. Verdict for defendant.

Writ, dated June 3, 1678, signed by Hilliard Veren, for the court,
and served by Samuell Peniman, constable of Brantree.

Benjamin Tompson’s bill of cost, "for the townes, my patients and
schollars sufferance by cessation from both for 8 days,” etc.. Hi. 12s.

Copy of the record of a County court at Boston, Apr. 30, 1678, in
an action of Benjamin Tompson of Brantrey, assignee by deed and
proprietor by purchase of the estate of John Godfrey v. Zacheus
Curtis, sr., for withholding a debt of llli. due said Godfrey, with
verdict for plaintiff. Copy made by Isa. Addington, cleric.

John How and John Man deposed that sometime in April last, at
Daniil Clark’s house in Topsfeld, Mr. Benjamen Tomson and Zaches
Curtis were discoursing about the bill and Curtis said he had agreed
with Godfrey and could bring his proof. Tomson said he was on his
way to the eastward and would return by Ipswich on the next Mon-
day, and he would meet him there at twelve o’clock. John, son of
Zacheus Curtis, agreed to it and Tomson said if the testimony did

COURT RECORDS RELATING TO TOPSFIELD

not prove good Curtis should send him a cow to Thomas Nuel’s at
Len. Curtis went to Quartermaster Perkins’ house on the appointed
day and waited from ten o’clock until three, but Tomson did not ap-
pear. Sworn, 26:4: 1678, before Edmund Batter, commissioner.

Zaches Curtis, jr., and Ephraim Curtis deposed that John Godfrey
came to their father’s house some time in 1674 and in consideration
of entertainment and other things of which he stood in need, acquit-
ted their father of the debt of eleven pounds, etc. Sworn, Apr. 8,
1678, before Daniel Denison. — June 25, 1678.

Edmond Bridges v. Mr. Edmond Batter. Defamation. Verdict
for defendant.

Writ: Edmond Bridges v. Mr. Edmond Batter; defamation, for
saying that plaintiff was the leader of a factious company in Salem
and that it was their design to overthrow all order and government
in this town of Salem, also for saying that the plaintiff was the cause
of all the mischief in Salem ; dated 20:4: 1678 ; signed by Hilliard
Veren, for the court ; and served by Henry Skerry, marshal of Salem,
by attachment of land of defendant.

Jacob Town and John Hobb testified that Edman Bridgis of Salem
above fifteen years ago when he was a dweller at Topsfeld, was al-
lowed as a voter there and his estate was such as made him a voter
by law in those times. He also opposed those who did not have lib-
erty to vote by law. He took the oath of fidelity at Mr. Baker’s
house before the Major General Denison about twelve years since.
Sworn, June 26, 1678, before Daniel Denison. — June 25, 1678.

Administration on the estate of Edmond Towne was granted to
Mary, the relect, who was to dispose of the estate according to the
mind of the deceased, as by mutual agreement of all surviving per-
sons concerned, which writing was allowed. An inventory was also
presented and sworn to.

Nuncupative will of Edmond Towne, proved by the widow, 27:4:
1678, with the consent of all the surviving persons concerned : "The
Intent and purpose of Edmond Towne presented by mary his wife
Conscernin his estate .... that the four sonns shall haue all the
Lands Equally devyded amongst them. And the rest of the estate to
be Equally devyded amongst the 5 : garles only Sarah the secong
Daughter is already marryed and Hath rescievd to the vallue of
twelve pounds already. Soe Leaveing my Cause to god, and to your
Honnors searious Consideration I subscrybe myselfe Mary Towne.”
Provision was to be made for the widow’s thirds to be taken out first.
Jacob Towne deposed that Thomas Towne, eldest son of Edmund
Towne, deceased, declared himself to be satisfied with an equal share
with the rest of the children. Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Inventory of the estate of Sergeant Edman Towne, taken at Tops-
field, May 3, 1678, by Frances Pabody and Thomas Baker, and al-
lowed, 27:4: 1678, in Salem court : Books, Hi. ; wearing clothes, 71i.
14s.; linning sheetes and neckpins, llli. 6s. ; house and landes on
the north of the Riuer, 2201i. ; upland and mado on the south side
River, 721i. ; five oxen and seven coues, 521i. ; young Cattel, 191i. 17s. ;
shepe and lambes, 61i. ; two horsses, 71i. ; swine, 81i. ; iron tooles,
31i. ; kittels and potes and other iron ware, 41i. 4s. ; peuter and earth-
ing ware and glas, 21i. 15s. ; swordes and gones, 41i. 6s. ; wheles and
other lumbur, 6H. 3s. ; a cubbard and cheastes, 21i. 10s. ; bedsted and
beddin, 161i. 10s. ; pillin and saddel, 21i. ; wooll and flax, 17s. ; five
barrels of sider, 21i. 10s. ; wollin and linnin yarne, 21i. 10s. ; home
spon cloath, 71i. 10s. ; come and porke, 41i. ; for halfe the farme
which was given to Sargent Toune in Revertion by Thomas Brown-
ing ; total 453H. 12s. Depts owing, 261i. 3s. 3d. ; by the death of one
cow, 31i. 10s. — June 25, 1678.

Daniel Cleark of Topsfield had his license renewed. — July 24, 1678.

John Redington served on the grand jury, and John Comings on
the jury of trials at the court held at Ipswich, Sept. 24, 1678.

Mary Howlet, presented for stealing, was ordered to pay three
fold.— 6, 1678.

Ens. John Gould and Michaell Dunill v. Joseph Bixbe. Trespass.
Verdict for defendant.

Writ, dated Mar. 12, 1678-9, signed by Robert Lord, for the court,
and served by John How, deputy for Robert Lord, marshal of Salem,
by attachment of house and land of defendant.

Copy of papers in a similar action, 29:9: 1670, in Salem court.

Jacob Town and Isack Easty deposed that they went with Goodman
Bigsbe to the twenty-fifth lot by record and he cut down some small
sticks, challenging the land which was in the possession of Micall
Donill. Sworn in court.

Francis Pebody and John Welds testified that being chosen by the
town to lay out the common on the south side of Ipswich river ac-
cording to town order in 1661 and 1664, they laid out the land in
controversy to Edmund Bridges. Sworn in court.

John How testified that Ensign Gould took possession of the 25th
lot when possession was given, etc. Sworn in court.

Danell Black testified that in 1661, he bought ”my Brother edmon
bridges house and Lande in topsfeld upone his reamoufell to ween-
nome wheare hee remained aboute 1 yeere in which yeere tyme the
towne entred Danell Blacke a Commener and Filed him down a
shearer in the Commen land that wase to bee diuided upone the
south side of the rivefer in topsfeld.” John How affirmed the same.
Sworn in court.

COURT RECORDS RELATING TO TOPSFIELD

Isacke Easte and Jacob Towne testified. Sworn in court.

Copy from the town records of Topsfield, made Mar. 31, 1678-9,
by Frances Pabody : ”At a Lawful Towne meeting the 7 : of march

1664 It was then agreed that all the Comoners in the Towne shall
haue share in ye Common on y® other side of ye Reiuer with the Tim-
ber which is to bee deuided according to the rule as is expressd
namely that they all those which pay to ye ministers Rate made in
ye yeare 1664 from fifty shilings and upward shall haue one of ye
Creators shares and fiftey shilings to twenty shall haue a middell
share and under twenty shilings, shall haue one of the Least shares.
Now these are the Names of those men that ware then Rated that
yeare 1664 and there seuerall somes as thay are in that Rate and
Right in this Land: Zacheus & John Gould, 41i. 3s. 5d. ; Mr. Tho.
Baker, 31i. 17s. 5d. ; Daniell Clarke, Hi. 4s. 5d. ; Tho. Dorman, sr.,
31i. 3s. ; Francis Pebody, 41i. 5s. 2d. ; Deckon Hovey, Hi. 3s. 8d. ;
Will. Evenes, 21i. 11s. ; Isacke Cominges, sr., 13s. 8d. ; Isacke Com-
ings, jr.. Hi. 8s. ; Ensigne Howlett, Hi. 8s. 9d. ; Anthony Carell, 11s.
Id. ; Tho. Perkins, 21i. 19s. 7d. ; Tho. Browing, Hi. 6s. ; Tho. Auerell
& Tho. Hobes on mr. Bradstreet land. Hi. 3s. ; John Redington, 31i.
5s. 2d. ; John Wilds, Hi. 12s. lOd. ; Will. Smith, 13s. 8d.; Edmond
Bridges, 15s. 3d. ; Jacob Townes, Hi. 4s. 5d. ; Isacke Estey, 19s. 6d. ;
Will. Townes and Joseph Townes, Hi. 8s. 5d. ; Edmond Townes, Hi.
8s. 9d. ; Mathu Standly, 15s. 8d. ; Will. Nickles, Hi. 12s. 9d. ; Mr.
Will. Perkins, 21i. 3s. 9d. ; Mr. Endickot, Hi. 2s. ; John How, 19s. ;
Robard Andraus, 12s. ; Francis Bates, 9s.

Copy from the town records of Topsfeeld, made Mar. 14, 1678-9,
by Frances Pabody, clerk : ”It is ordered and hereby they are Im-

powered to lay out hue hun[dred] acrees of land on the other side of
the riuer to remaine common to perpitueyty for the use of the inhabi-
tants prouided none of it be medow land voted.

”It is furder ordered yt the aforesaid hue hundred acres of land is
slated to the Inhabitants of y^ Towne excepting Ensigne Howlet as

one to haue a share in the said notwithstanding any former

order voted v

”It is also ordered and hereby the said selectmen are impowered
to deuide the other part of the common both medow & upland on
the other side of y® riuer into thre equall deuisions Voted

”The names of the commoners that shall share in it : Mr. Brad-
street, Mr. Perkins, Zacheus Gould, Mr. Baker, Thomas Borman,
Frances Pabody, Willi. Evens, Daniel Clark, Isac Comings, sr., Isac
Comings, jr., Ensigne Houlet, Willi. Smith, Frances Bates, Mr. En-
dicoate, John Wiles, John Redington, Tho. Perkins, Thom. Browning,
Jacob Towne, Isaac Estey, Willi. Towne, Edmond Towne, Matthew

COURT RECORDS RELATING TO TOPSFIELD

Standly, Anthony Carell, John How, Edmond Bredges, Useltons Lot,
Lumpkins farme, Robert Andrews land, Willi. Nicholes Voted.”

Copy of deed, dated Feb. 3, 1669, given by Edmond Bridges and
Sarah, his wife, of Salem, to Mr. John Rucke of Salem, vintner, and
Joseph Bigsbe of Rouly Villidge, carpenter, two parcels of land of 20
acres each, in Topsfeilde, one in the first division, the twenty-fifth
lot lying near Wheele brook, between Francis Payebody and John
House lot ; the other the ninth lot in the second division, of which
Sticky meadow is a part, between Ensigne Hewlett and John House
lot. Wit: John Norman and Edward Flint. Acknowledged, 11:4:
1670, before William Hathorne, assistant. Recorded, 12:4: 1670,
by Hilliard Veren, recorder. Copy made by Benja. Gerrish, cleric.
Verified by Steph. Sewall, clerk.

Copy of the return of the committee to a Topsfield town meeting
11:3:1669, appointed to layout land, made by Frances Pabody,
clerk.

Deed, dated Dec. 9, 1670, Edmond Bridges to John Gould, witnessed
by Walter Fayerfield and Thomas White. — Apr. 1, 1679.

Joseph Quilter, administrator of the estate of Marke Quilter v.
John Wild. Debt. Verdict for the plaintiff. Appealed to the next
Court of Assistants, John Wild, with John Newmarsh and John Gould,
as surities, were bound. — Apr. 1, 1679.

Ensign John Gould acknowledged judgment to Major Genii. Den-
ison, Esq. — Apr. 1, 1679.

Thomas Hobs acknowledged judgment to John How, in wheat. —
April 1, 1679.

In answer to Mr. Jerimy Hubbert’s petition, court having heard
the demand of Mr. Hobart and the testimony of Mr. Cobbit and Mr.
Wm. Hubbord, together with the answer of the selectmen of Tops-
field concerning an engagement proffered Mr. Hobart to induce him
to accept their call to the ministry in Topsfield, court judged the en-
gagement to be of force and required the selectmen and the inhabi-
tants to pay forthwith to Mr. Jerimy Hobart 601i. or so much land
worth that amount. They were also ordered to put into good and
sufficient repair the ministry house in Topsfield where their minister
Mr. Hobart now lives, together with the outhouses and fences about
the land. Also they were to take effectual care that the 601i. per an-
num allowed for the maintenance of the minister be paid to him or
his assigns that it may be a testimony of their readiness to discharge
their duty to God by their honorable maintenance of their minister
according to their ability. — April 1, 1679.

In answer to a petition of Mr. Jere. Hubbard, court declared that
as the town of Topsfeild had not attended the order of the last Ips-

COURT RECORDS RELATING TO TOPSFIELD

wich court, the selectmen were ordered for their neglect to appear at
the next Ipswich court.

Petition of Jer. Hobart, dated Topsfield, June 24, 1679 : that the
court’s order in relation to the affairs of the minister of Topsfield
which was given at the last Ipswich court "lieth dormant, and hath
taken small effect as to the true ends and purposes of it, as I appre-
hende appears by A voate of the Towne upon Aprill 29 last past, &
their actings ever since, to the great inconveniencye of their poor
minister, who beggs his redresse at the hands of this honoured Court,
as yor Worships shall Judg meet.”

Copy of the town records, of Topsfield, made, June 21, 1679, by
Frances Pabody, cleric: ’'the towne of topsfeeld at a towne meeting
29th of aperel 1679, hauing heard an order Red that was made by
the Counte Court at Ipswich Conserning our being required to pay
a some of 60 pound to m^ Jerimie Hobart which as the saide order
seemes to expres was promised for his incorigment to Com to tops-
feeld we being in the darke about it and not knowing of ani towne
act that euer past nor ani towne record that holdes forth ani such
thing we doe Conceue it needfull to suspend untel there be a forder
opertuniti to be beatter satisfied by making inquire at the next
Counte Couert upon whot groundes m^ Hobarts petision was made
and also how the towne Comes to be 60 pound in his debt.

"the towne hath agreed by vot that John gould shall enter these
names with the somes at eueri manes names end and what shall be
sent to him to enter in the towne booke and to be binding to eueri
man for what they haue freeli subscribed to giue to m^ Hubard for
his Coming to topsfeld to except of menisterial ofes — voted

"this writeing witteseth that we whose names ar under written doe
bind oure selues our ares exectetors adminestrateres or asignes to pay
or Case to be payde to m^ hubard or his asignes within fore yeare
after m^ Hubard doth Com and enter Apon the ministri heare at
topsfeald what we doe sobscribe toe or eueri man doth giue in under
his hand this som is in Consideration of a parsil of land that the
towne Cold not healpe m^ Harbord with and an acowunt of what m^
Hubart doth lose at amsberi in Coming to us heare at topsfeeld —
voted : deeken howlet, 51i. ; Isak Comings, sr., 21i. ; John Comings,
21i. ; Samuel Howlet, Hi. ; Philip Welch, 10s. ; Isack Foster, Hi. ;
John Willes, Hi. 10s. ; William averil. Hi. ; James How, jr., 15s. ; ne-
amia abbit. Hi. ; Henary lenard, 51i. ; Samuel lenard, lli. ; nathaniel
lenard, 15s. ; thomas lenard, 10s.; John goold. Hi.; thomas perkens,
31i. ; Isack Este, Hi.; Jacob towne. Hi. 5s.; thomas dorman. Hi.;
mikall donil, 10s. ; Joseph towne. Hi. 10s. ; old father how, Hi. 10s. ;
John french. Hi. ; Joseph pabodi. Hi. ; Jno. Low, Hi. ; Mathew stanli.

COURT RECORDS RELATING TO TOPSFIELD

Hi. ; Edman towne, Hi. 10s.; William Smith, Hi. ; Ed. Bridges, Hi.;
frances pabody, 31i. ; Ephrom Dorman, Hi. 15s. ; John Ramsil, 15s.”
— June 24, 1679.

Mr. Thomas Baker v. Mr. Jeremiah Hobard. Slander. By advice
of the court, Mr. Hobard acknowledged he had done wrong and spoke
without grounds or reason in court. — Sept. 30, 1679.

Daniel Clarke had his license renewed for a yeare. — Sept. 30, 1679.

Mr. Jeremiah Hubbard v. Thomas Dorman and Judeth Dorman,
his wife. Slander. Verdict for plaintiff.

Writ, dated 19 :9 : 1679, signed by Hilliard Veren, for the court
and clerk for the town of Salem, and served by Willi. Perkins, con-
stable of Topsfield.

Mr. Hubbard’s bill of cost, 21i. 6s.

Sarah Wildes, aged about fifty years, deposed that having discourse
with Judeth Dorman about three-quarters of a year before she joined
the Church of their town, she asked deponent if there was not a
place where it is said that Moses stood in the gap and wrath was
stayed. Deponent answered that there was such a place. She re-
plied that Mr. Hubbard had a Moses in his house, or else the wrath
of God would fall on him. Deponent replied that many things were
said about Mr. Hubbard which were not true. She replied that Mr.
Hubbard was a sad man and if others knew as much as she did
about him he would never have another member join the Church as
long as he lived in Topsfield. Deponent replied that David, a man
after God’s own heart, fell and she answered that if we fall with
David, we must rise with David. Later meeting with Judeth Dorman,
deponent told her she heard that she was abusing Mr. Hubbard and
that two persons had asked Mistress Hubbard about it, and the latter
said that Judeth had only gone up to carry Mr. Hubbard’s night cap,
and went up and came down as fast as she could. Judeth said it
was true, but he offered abuse, etc. Sworn, 26:9: 1679, before Edm.
Batter, commissioner in Salem.

Sarah Goold, aged about thirty-eight years, deposed that she being
at Mr. Jereme Hubbard’s house at Topsfield heard Goody Dorman
say that she should go to Salem the next day if it were fair weather,
and the Sabbath day night following deponent being at Mr. Hubbard’s
again heard the latter ask Jude Dorman to come and watch with his
wife another night and Judeth replied that she was willing to do any
good she could for Mrs. Hubart. Mr. Hubart said they must go and
ask Hepsebah what night, and the latter said she had provided watch-
ers for that night. John How being there went out and Mr. Hubart
asked Judeth Dorman if he had gone away. She replied that he had
not, but had only gone to fetch out his horse, and Mr. Hubert said

COURT RECORDS RELATING TO TOPSFIELD

he wished to speak a word or two with him. Goody Dorman went
out and Mr. Hubbert followed. Sworn, 26:9: 1679, before Ed. Batter,
commissioner in Salem.

Mary Courties, wife of Zacheus Courties, jr., deposed that she lived
at her brother Pery’s house and Mrs. Simans, wife of Mr. William Si-
mans lived in one room of the same house. Mr. Houberd often came
to Mrs. Simans’ room and stayed until late at night, and embraced her
and talked lovingly to her, with their faces close together, and she
would sit on his knee and he often stroked her face. Once on a lec-
ture day Mrs. Simans tarried at home and killed one of her fowls be-
cause she said Mr. Houbeard was coming that night, which he did and
stayed late. Also on a Saturday night he tarried very late. Sworn,
24:9: 1679, before Edm. Batter, commissioner in Salem.

Hepsebeth Raye deposed that her sister Judah Dorman watched
with Mrs. Hoberd one night and brought her tallow candles with her.
Sworn, 25:9: 1679, before Edm. Batter, commissioner in Salem.

Samuell Hewlett deposed concerning what Judeth Dorman told
him happened one night when she watched with Mistress Hubberd.
Sworn, Nov. 24, 1679, before Daniel Denison.

John Cummings, aged about fifty years, deposed that being at
Thomas Dorman’s, his wife Judith told him that for all he was such
a friend of Mr. Hubbard’s and stood so much for him that if he knew
as much of him as she did, he would not say so much. Deponent
asked her what she knew that was so bad. She told him of several
occasions when he had kissed her, called her a pretty woman and
offered abuse, once when she went to rake the fire for the night, and
once in his chamber where Mrs. Hubbard sent her to arrange his
bed. His words were not fit to be spoken. She said she had told
John How of his actions. Deponent told her that How was no good
friend of Mr. Hubbard’s and asked her why she had not told ’’som
fitter parson to divulge a matter of such a rate to.” She said it was
true and she would stand to it till she died. Sworn, 26 : 9 : 1679, be-
fore Edm. Batter, commissioner in Salem.

Wm. Hewlett, aged twenty-nine years, deposed concerning what
Judeth Dorman told him. Also that the second time she watched at
Mr. Hubberd’s she took a book and candle so that she might read,
but Mr. Hubbard sat up late and told her that she would spoil her
eyesight reading by candlelight. She kept on, thinking that he
would go to bed and leave her, etc. She put the candle on a joined
stool in his chamber, etc. Pie spoke words to her that she was
ashamed to repeat. Sworn, 26:9: 1679, before Edm. Batter, com-
missioner in Salem.

Mary Dorman, aged about twenty-six years, deposed as to what
her sister Judith said to her. Sworn, Nov. 24, 1679, before Daniel
Denison. — Nov. 25, 1679.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

COPIED FROM SALEM NEWSPAPERS
GEORGE FRANCIS DOW

{Continued from Volume XXVI, page 140.)

NOTES ON THE ‘XATTLE SHOW’’ AT GLOUCESTER.

The only discussion of importance was with reference to the Tread-
well Farm, in Topsfield, which, as it now appears, cannot be disposed
of, under the conditions of Dr. Treadwell’s will, without forfeiting
the property.

The record regarding the sale of this farm is briefly as follows :
A committee appointed by the Trustees ascertained that the farm
could be sold to T. W. Pierce, of Topsfield, for $7,000, payable in
gold-bearing bonds of the Atlantic and Pacific Railroad, guaranteed
by the South Pacific Railroad Company, and the buyer further guar-
anteeing the principal and interest. Mr. Pierce took possession of
the farm on the 24th of April last, with the understanding that if
the sale were not ratified by the society, he would pay $500 for a
year’s rent. A special meeting of the members of the society was
held in Plummer Hall, Salem, on May 16, at which twenty-two mem-
bers were present ; and, after a pretty full discussion of the merits
of the case, it was voted to authorize the sale, by a vote of 9 to 8.

General Sutton, after the record of what had been done was read,
then stated that, notwithstanding the vote, he had been unwilling to
sign the deed conveying the property, because two questions had
been raised, — one the value of the securities offered in payment, and
the other a question in the minds of the best lawyers whether the
farm could be legally sold under the terms of the will. Under these
circumstances he wanted instructions from the society, and would
abide by them.

Dr. Loring then made a full and satisfactory statement with refer-
ence to both questions. He had examined the securities, and there
was no doubt that they were ample and sufficient. The bonds as

(97)

NEWSPAPER ITEMS RELATING TO TOPSFIELD

guaranteed, and endorsed by Mr. Pierce himself, were no doubt a
good and safe investment either for individuals or for an association.
With regard to the legality of a conveyance, however, the difficulty
was far more serious. Property devised for charitable or other pub-
lic purposes with a condition that it shall revert to the heirs at law
on the abandonment of the special purpose or object for which it was
given, could be sold by the institution to which it was devised. But
where the will provides that the property shall pass to some other
institution in case the first fails to live up to the condition of the be-
quest, then the property cannot be disposed of, for by so doing the
very right to it ceases. As Dr. Treadwell, in bequeathing the Tops-
field Farm to the Agricultural Society for experimental purposes,
made provision that the farm should go to the Massachusetts General
Hospital in case the condition was not compiled with, there seemed
to be nothing for the Society to do but rescind the vote of last May,
and then indefinitely postpone the whole subject, or else forfeit the
farm. Accordingly the previous action was rescinded, and the sub-
ject of selling indefinitely postponed.

With reference to a question which was raised whether the farm
was still conducted as an experimental farm, Mr. B. P. Ware and Dr.
Loring both answered in the affirmative, the latter's remarks having
a tinge of pleasantry and jocularity. The society had at one time
attempted to conduct the farm by a committee ; but this experiment
signally failed. Next it was rented at $250 a year, and this experi-
ment was more successful, as the farm was returned in a better con-
dition than when it was taken. Now the still further experiment is
being tried of renting it for $500 a year, with what result remains
to be seen. These, however, are not the sole characteristics of the
experiments that have been tried, but were merely thrown in by way
of adding savor to the argument that the terms of the will have been
faithfully observed.

Salem Gazette, Sept. 26, 1873.

It sometimes happens in some places, that when one makes an im-
provement on his buildings or about his premises, some of the neigh-
bors are moved with jealousy or envy and cast invidious reflections
upon what is being done, but not so in Topsfield, for when one makes
an improvement here, be it ever so small, our citizens look upon it
as so much gained in the looks of the town, and are not backward
in expressing their appreciation of the change. So that the person
who makes an improvement gains at least three points ; first his
place looks better, second, it is worth more money, and third, he has
the approval of his neighbors, which is no small affair in any com-
munity.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

Now to write out all the particulars of all of the improvements
which have been made in town within the year would sadly tire your
patience, and occupy too much of the space allotted to your County
Gleanings, so I will just mention those who have not been mentioned
in my previous communications.

Mr. T. W. Pierce having completed the alterations and rebuilding
of his house, built a splendid stable for his horses, and otherwise im-
proved his estate, has done more to improve that section of the town
than has been done for a long series of years. Having been called
to pass through many severe trials the past year, we hope that his
troubles are now at an end, that he with his recently acqviired treasure
may long live to enjoy the pleasures and comforts of their beautiful
and commodious home.

Mr. Webster continues to improve his place from month to month ;
indeed his has been a march of improvement ever since he purchased
his farm and came among us, so that from a poor and ”run out
farm” with tumbled down fences and dilapidated buildings, he now
has his farm in a high state of cultivation, surrounded and divided
by good substantial stone walls and gates, and his buildings all in
thorough repair, and it can truly be said of him that he has caused
”the desert and wilderness to bud and blossom like the rose.”

Messrs. Price & Shreve still continue the work of repair upon their
place, and each season add new beauties, adornments and comforts
thereto.

Other improvements have been or are being made by Mrs. Lucy
A. Wright, Hiram Wells, Moses Wildes, J. W. Beal, J. H. Potter, Rev.
A. McLoud, Mrs. Daniel Perkins, Andrew Gould, T. K. Leach, A. H.
Gould, Benj. Kimball, Capt. Isaac Morgan, Jacob Kinsman, Daniel
Towne, and Wm. Lock.

This reminds us that Mr. Lock has disposed of his estate to the
Messrs. Perry ; we are glad to have these gentlemen come among us,
but unless Mr. Lock concludes to purchase another place in town,
we shall wish he had not sold, for we cannot afford to lose a gentle-
man of so much public spirit, for no man since the days of Mr. Wm.
G. Lake, and when he was in his glory, has done so much to improve
the general looks of our town, as has Mr. Lock.

In the way of public improvements our town hall is well under
way, our buildings at the poor farm are all completed and will com-
pare favorably with those of any other like establishment in the
county.

Our selectmen have established a public watering place in the
centre of the village, in the shape of a good pump set into a never
failing well of pure water. This certainly is a great blessing to both

100

NEWSPAPER ITEMS RELATING TO TOPSFIELD

man and beast. They have also caused our hearse to be newly
painted and it now has quite an elegant appearance.

News is rather scarce here just at present as everybody is at work,
and therefore have no time to make any.

Mr. Isaac Woodbury lost a valuable horse by death last week : he
took him out of the stable, and drove him to Beverly, apparently as
well as usual, but shortly after arriving he was taken sick of the colic
and died in about an hour.

Salem Gazette, Oct. 10, 1873.
COUNTRY RAMBLINGS

The beautiful Indian summer weather we have been having the
past week or more, is peculiarly inviting, not only for excursions as
far away as North Conway and the Hoosac Mountain, where the
autumnal hues are presented in the most attractive forms, but for
the less ambitious modes of enjoyment which come from drives and
rambles among the rural scenes of our good old county of Essex.
And among the localities not inaccessible to common convenience,
are those which lie within the range of a drive by our water works,
along the Wenham road, possibly around the ’'back side” of Hamilton,
and at any rate through Hamilton and down among the cluster of
ponds of which Chebacco is the chief. These ponds and their sur-
roundings, though always interesting, are never more inviting than
at the present season, when the rich and mellow tints appear in their
fullest splendor.

Another drive, or succession of drives and rambles, is that which
extends through and among the towns of Topsheld, Boxford, West
Boxford, and Georgetown. Topsfield village reposes in a hollow,
and opens to the view with picturesque effect to one who approaches
by the "River Hill.” It is surrounded and inclosed by hills, and the
various roads which lead out of town pass over or among them, and
reveal, from various points, some of the choicest and most delicate
autumn scenery to be found anywhere. Boxford, three miles distant,
is perhaps more densely wooded, but is not, for the most part, so
surrounded by hills as to admit of such marked scenic effects, though
there is a rural aspect about its winding roads, its streams, and its
various mills dotted here and there in the woods and away from the
sight of the people, which we fail to find, in so marked a degree, any-
where else among the towns of this neighborhood. On the road
from West Boxford to Georgetown there is a point within the limits
of the latter place, which, in a season like the present, opens to the
view a charming scene, which includes the Merrimack valley a few
miles away, the houses and spires of Haverhill, and a blending of

NEWSPAPER ITEMS RELATING TO TOPSFIELD

101

hill and vale, upland and meadow, cleared lands and patches of tint-
ed woods, that favorably impress the senses.

In Topsfield, some changes are apparent, most of which have been
described with some degree of minuteness by the local correspondents
who have an eye to the things in progress. Prominent among these
are the new roads that have been laid out over the old Dr. Cleave-
land place, and the lots of land that have been sold on that part of
the above farm which belonged to Eph’m Peabody and Eph’m Per-
kins. Two roads have been laid out here, one a continuation of a
lane previously existing, and extending, when completed, from the
main road to the Newburyport turnpike, and thence to the Wenham
road (under the title of Central street), and the other crossing this
last at right angles on its way from High street to the main road.
Land is thus opened to the market, and lots have already been sold
to Messrs. Stanwood, Wm. P. Galloup, Jotham Welch, James Wil-
son, Frederick Stiles, and I. M. Woodbury, at prices varying from
$240 to $400, mostly the latter sum or perhaps a little less. Land
which formerly was worth $75 an acre has thus been brought into a
position where lots have been sold at the rate of from $800 to $1000
an acre, according to location.

Four other lots have also been sold in Topsfield within ten months,
from the land of Thomas P. Emerson. These were bought by Mrs.
Roberts, John Fisk, Albert Potter, and Benj. Hobson — the latter hav-
ing resold his to Benj. Lane. All the back land was bought by Aug-
ustus Foster. The lots brought about $100 each, and the two pur-
chasers first named have already erected houses.

In addition to all this in the way of growth and a development of
the town’s resources, a new Town Hall is now in process of erection,
and Wednesday last was eventful in the fact that it was the day ap-
pointed for the raising of the new structure. The work was success-
fully accomplished, and there would seem to be no doubt that, what-
ever deficiencies in the way of a public hall the town has heretofore
labored under, there will soon be accommodations that ought to be
large enough to admit the utterance of the most widely divergent
thoughts at election times, and the wonders which the travelling
showmen have to reveal, besides containing all the town records, in-
cluding a full statement of the public indebtedness of the people.

And this opens a question which to-day exercises the minds of the
good citizens of Topsfield, and causes them to consider whether there
will be compensation enough in the outlay which a majority of the
people have voted, to cover the drawbacks which pertain to a heavy
town debt. By the last annual statement of the town’s financial
condition, it appears that the debt amounted to $20,700 ; and we

102

NEWSPAPER ITEMS RELATING TO TOPSFIELD

should think it probable that the building of the Town Hall, with the
extraordinary road expenditures that are in progress, would be very
likely to double it by the time the new building is completed. This
is certainly a large debt for a town of the size of Topsfield, and the
people will do well to consider that, in all human probability, there
will never be any other way of paying this debt, principal and inter-
est, than that of taxing the property of the people. Once in a very
great while a man grows up into the possession of immense wealth,
whose ambition takes the form of having his name perpetuated
through the medium of a municipal corporation. Such a man may,
like Mr. Wakefield of South Reading, have an eye to business and
strike up a bargain by which he agrees to liquidate the town debt if
the town will put on and wear his name henceforth and forever.
But such cases are rare, and we might doubt if such a stroke of for-
tune (if it be such to put aside an honorable and good sounding name
rich in pleasant associations and traditions), could ever be confident-
ly relied upon in the case of the good old town of Topsfield.

We do not say all this for any purpose of obtruding any criticisms
upon the action of the people of Topsfield, or to question the wisdom
of their judgment. Their needs, requirements, and conveniences,
are better known and appreciated by themselves than they can pos-
sibly be by any one else. But the general topic of municipal indebt-
edness is one that is always timely, and one that is of great business
importance to every place ; and though the poll tax payer may possi-
bly reason upon the assumption that, because the taxes are paid, in
the first instance, by the property holders, the matter is one of little
real importance to himself, such reasoning is fallacious both in theory
and reality. The illustrations may be less marked in small m.unici-
palities than in cities, where an increase of taxation, immediate or
prospective, is one prime cause for a marked advance in rents par-
ticularly, and often in other departments of daily living. Heavy
indebtedness and high taxation are very apt to retard the general
business prosperity of a place; and no class is more dependent upon
general business prosperity than that which is made up of those peo-
ple whose capital consists of their labor, which is their only stock in
trade. Another class in every community whose claims to regard
are too little considered, is that composed of people who have com-
pleted the toils of life and seek, in their declining days, the comfort
they have earned, in that very moderate competency which requires
the strictest and most rigid economy in daily living. This class
ought not to be carelessly or thoughtlessly ignored in the considera-
tion of great enterprises which involve increased taxation upon the
property of the people, for they represent a position which is all that

NEWSPAPER ITEMS RELATING TO TOPSFIELD

103

the majority can hope to attain in the way of material comfort. To
men of large income^ a few dollars upon a thousand in the matter of
taxation is of little account : but to moderate property owners, farm-
ers who handle little money, and the common people generally, the
matter is one of great concern. So much for city and town debts as
an abstract question.

Salem Gazette, Oct. 22, 1873.

The town of Topsfield occupies the centre of Essex county. It is
about half way between Boston and Newburyport, on the Boston and
Maine Railway. On the south and on the north are hills of consid-
erable magnitude, and between them reposes the pleasant valley of
the village. Ipswich river meanders through its southern fields, "and
binds, as with a silver braid, the green mantle of the plain.”

The strong, productive hills of the south were once the possession
of the first and great Governor, John Endicott, one of the greatest
names in American history. On the northwest stretched the wide
estate of Ivor3’’ Hovey, who was the first native graduate, and w^ho
left a diary^ for sixty-five years "of his long, pious and useful life,”
comprised in seven thousand pages of short-hand. On the northwest
lay the domestic acres of Deputy Governor Symonds, "a man of high
consideration in the colony.” To the east, "in the most convenient
place to Gov. Endicott’s farm,” lay the rich, rural home of Gov. Simon
Bradstreet, where he enjoyed his "ease with dignity,” when tempor-
arily released, v/orn and weaiy% from the cares of state. "His was
truly ‘a great and fortunate name.’ For more than sixty years he
held, by annual election, a high place of honor and power.” Here
was the accomplished and celebrated Anne Bradstreet’s home, where,
beneath its virgin bowers and along the river side, she wooed the
cultured Muse. Bradstreet and his lady came over in 1630, leaving
the comforts and privileges of rank to embellish the wilderness with
the learning of Cambridge, court refinement and princely wealth.

The records of those days and the records of to-day exhibit the
names of Perkins, Bradstreet and Endicott ; of Gould, Peabody and
Towne ; of Clark, Commings, Wilds and Andrews. Those were days
requiring physical vigor and moral courage ; quick perception and
ready action; official dignity and unswerving integrity" — requiring
men who know the right, who love it, and who dare maintain it.
The archives of Topsfield show a record second to none of her sister
towns.

Here, too, at a later period, was, for many years, the possession
and summer residence of Hon. Benj. W. Crowningshield, who was a
man of great wealth and for a time Mr. Madison’s Secretary of the
Navy. Here is an admirable specimen of that defunct Herculean

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

labor, the Newburyport turnpike, and more anciently the tragic
witches here plied their craft. The Crowningshield estate crowned
the southern hills, contiguous to the "Dodge Farm” in Danvers, now
spoken of as a site of the State Lunatic Hospital, and is now the pos-
session and residence of Thos. W. Pierce, Esq. From any of the
hights, and especially from Mr. Pierce’s, the eye grasps a richly var-
ied and extended landscape ; or reposes, with gratifying pleasure, up-
on the rural beauty of the cheerful dwellings, the white spires and
school-houses and the bustle of business of the thriving village below.

The river at the south and Pritchard’s lake at the north invite to
piscatory recreations and regale the palatic relish with pickerel and
perch, but never more with the legion-swarming alewive or the bone-
burdened shad.

The soil, though sometimes hard to work, is generally deep, strong
and satisfactorily productive ; the rural districts comprise many val-
uable farms ; the village has a very extensive interest in the manu-
facture of shoes of ail kinds. Every year is marked by many sub-
stantial improvements. Individuals are establishing homesteads,
and erecting dwellings, and embarking upon a nev^ business or ex-
tending an old one. This year Mr. Pierce has expended $50,000 in
improvements upon his farm. The town, in its corporate capacity,
has opened several new streets, to accommodate a manifest desire
for pleasant and healthful homes, has lavished repairs upon her roads
and bridges, and during the past week has raised the frame-work of
of a commodious and beautiful Town House. The building is 80
feet long by 46 feet wide. The first floor furnishes, at the front, on
the right of the main entrance, the Selectmen’s room, 16 by 16 feet,
and the left, the Treasurer’s room, 16 by 23 feet ; in the middle, on
the right, the library room, 26 by 31 feet ; on the left middle, a reci-
tation room, 26 by 13 feet, and in the rear, the High School room,
30 by 32 feet, with ante-rooms a la mode.

On the second floor is the public hall, 45 by 56 feet, with gallery
extending over the ante-rooms of the hall, and from the front 23
feet. The building will be furnished with all the modern appoint-
ments. The common pitch roof covers the structure, while the cen-
tral tower, supported on either side by a smaller elongated tower,
gives the front elevation a French or Mansard appearance. An am-
ple portico protects the main entrance. Mr. Wilson of Salem, who
furnished the machinery for raising, pronounced the frame and the
work as good as any he ever put together. The house will cost about
$15,000, and will be a beautiful and, we hope, a lasting memorial of
that enterprise and thrift, that Puritan virtue, and that love of social
order which so characterized the words and ways of their noble
ancestry. Boston Journal, Oct. 23, 1873.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

105

The Republicans of Topsfield held their caucus on Thursday even-
ing, Oct. 23, at Union Hall, to choose delegates to attend the conven-
tion to be held at Lynnfield, Tuesday, Oct. 28, to nominate a candi-
date for Representative to the next General Court. S. S. McKenzie
was chosen Moderator and Dudley Bradstreet, Secretary. The follow-
ing were chosen delegates : M. B. Perkins, J. W. Rust, Charles W.
Gould, E. F. Perkins, F. Stiles, Daniel Fuller, Jacob Foster, Josiah P.
P. Perkins, and they were instructed to fill vacancies that might
occur. The town committee chosen were S. S. McKenzie, E. F. Per-
kins, William Welch.

John Bailey, Esq., moved, and it was carried, that a rallying com-
mittee be chosen, consisting of twenty-five persons : Ezra Towne, J.
W. Batchelder, D. Bradstreet, John Bailey, John H. Potter, F. Stiles,
Charles Herrick, William Rea, B. C. Dodd, S. S. McKenzie, E. F.
Perkins, C. H. Holmes, Daniel Fuller, Daniel Clarke, Jere. Balch,
Everett C. Taylor, F. Smerage, Moses Wildes, 2d, C. J. P. Floyd,
David E. Davis, A. S. Peabody, Webster P. Gallop, Proctor Perkins,
Dennis E. Perkins and E. Kimball Foster, were chosen that committee,
and to distribute votes.

Mr. Bailey moved, and it was carried, that the doings of this cau-
cus be sent to the Gazette office, for insertion in that valuable paper,
and that it be understood that no other notice will be necessary for
the rallying committee to receive of their election to this office.

Mr. Bailey moved, and it was accepted, that fifty cents be given
to Taylor, and the same amount to Wildes, for services at the hall,
and sixty cents to purchase three gallons of oil for Union Hall, and
the amount was collected for that purpose.

The gathering was the pleasantest for years ; good humor pre-
vailed, and much mirth was created by all present. Per order of
meeting. Salem Gazette^ Oct. 24, 1873.

Business seems to be in a state of quiescence here, at the present
time. The shoe manufacturers have stopped work till after Thanks-
giving. Other mechanics appear busy enough, however, and the ring
of the hammer sounds as lively as ever in the vicinity of our com-
mon.

Messrs. Herrick, Bailey, Aaron Andrews, &c., deserve the thanks
of the community for their well-timed and successful efforts to give
this place a town hall. The ostensible reason for its erection was,
in the language of our longest if not our greatest man, to elevate the
town ; but the most palpable reason was because the church mem-
bers would not admit all sorts of entertainments into Union Hall,
and because that hall was considered too low and too small for all
public business.

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The new hall already rears its colossal proportions before the de-
lighted eyes of our light-footed gentry, as their prospective hopping
place. Many of the farmers feel sore upon this subject, and want a
law enacted whereby the poverty stricken masses shall be prevented
from voting away the money of economical and thrifty people.

Topsfield seems to be afflicted with the hen fever. Messrs. Morgan
and Whipple, it is said, are keeping or intending to keep 4000 hens;
Mr. Levi Pearson intends to keep 1000 hens at his old home in the
Pines, and to hatch chickens by steam in a patent incubator, and
Mr. A. H. Gould has had, as is well known, a large poultry depart-
ment for some years.

You make your County Gleanings a very interesting portion of
your paper, but do not your correspondents rather overdo the matter
when they descend into the minutiae of affairs? One is almost afraid
to pick up a pin, or tear his shirt, for fear of the notoriety he and
the tailor who repairs the garment will acquire.

Politics are very dull here.

The tightness of the money market is felt here as everywhere else,
and probably causes the general stagnation in business.

Salem Gazette, Oct 31, 1873.

A friend in the town of Topsfield thinks we "were a little hard”
on that excellent town in a recent article making incidental reference
to some of its local affairs. We had no intention, either of being
"hard” on the town or even of criticising any of its public measures,
which its own people are certainly able to take care of without any
outside interference whatever. The fact that the town debt of Tops-
field was a topic of discussion among its own people we did make a
text for some general ideas upon that subject which it seems to us
are important in the abstract and profitable for all municipalities to
consider carefully. The town debt is now about $20,000, but the
rate of taxation has been raised this year from $12 to $19.50 on
$1000, for the purpose, as we are informed, of liquidating full
twenty-five per cent, of the indebtedness. It is believed, partly in
view of this fact, that, on the completion of the new hall, the public
indebtedness will not exceed $30,000, which we certainly hope will
be the case. Topsfield is one of the pleasantest old towns in the
County of Essex, and the people will no doubt find its new hall an
attraction, which possesses many real advantages. Now that the
question is practically settled, we hope the two parties which the en-
terprise has created, will strive, not only to live harmoniously, but
to make the new hall all that its best friends may claim for it in the
way of making the town an attractive and desirable place to live in.

Salem Gazette, Nov. 7, 1873.

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107

On Thursday evening, 20th, the Odd Fellows gave an entertain-
ment in Union Hall, consisting of two amusing farces, music by a
band from Haverhill, a promenade, and very good supper.

On Thanksgiving night an entertainment will be given at Union
Hall, under the auspices of the Ladies’ Society of the Methodist
Church. The entertainment will include amusements, refreshments,
and a promenade concert, with music by the Boxford Brass Band.
It will begin at half past seven, and the admission will be twenty-
five cents, children half price.

Salem Gazette, Nov. 26, 1873.

OBITUARY

Miss Deborah J. Kimball, of Topsfield, daughter of Benj. Kimball,
Esq., died in Portsmouth, at the house of her uncle Nov. 30th, aged
43 years. She left her home about the middle of September, in hopes
that by a visit among her friends, she might recruit her health,
which had been declining through the summer. But though cared
for with the tenderest assiduity, she continued to fail till life ceased.

Salem Gazette, Dec. 5, 1873.

The Methodists of Topsfield will hold their fifth annual fair, festi-
val, exhibition, and concert at Union Hall, on Wednesday and Thurs-
day evenings, of next week. The Boxford brass band will furnish
the music, and many attractions are offered.

Salem Gazette, Dec. 12, 1873.

A few weeks since, while the freight train of cars was nearing the
station in Newburyport, on the B. and M. branch from Newburyport
and Danvers, a young man, acting as brakeman from Topsfield, a
son of Mr. Charles Winslow, got off the train to adjust the switch,
and caught his foot between a sleeper and rail in such a way as not
to be able to extricate it, when the engine wheel ran over his toes,
badly jamming them. Dr. Tilton, of Newburyport, dressed his foot,
and the next day he was carried home to Topsfield ; but in a few
days mortification set in, and it was found impossible to save his
foot, which was amputated a few days since by Dr. Hurd of Ipswich,
assisted by Dr. Allen. He is now doing well. Young Winslow has
the sympathy of all who know him, as he is an active and smart
young man.

Salem Gazette, Dec. 19, 1873.

Wednesday evening, the 24th, was observed here for Christmas
by the Congregational Society, in their church. A prominent object
was a large and beautiful tree, loaded with gifts for all gathered to

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

enjoy the evening’s entertainment. The exercises commenced at
seven o’clock, consisting of singing by the choir, assisted by other
singers. The rest of the singing during the evening was executed
by the young ladies of the Sunday school. All were delighted with
their efforts. The speaking, as well as the singing, by those who
assisted, was a perfect success. The distribution of gifts from the
tree caused much merriment, the names being called by Rev. J. H.
Fitts and A. Conant, Esq., and carried to the recipients by a number
of prompt lads. Among the presents was a large turkey for their
present pastor, an elegant clock for Dr. J. Allen, and other beautiful
and useful gifts for others that might be mentioned. Allusion should
be made to two presents, taken from the tree, one being a handker-
chief labelled "E. K.” The announcing of these two letters was
enough to cause all in the house to shout with laughter ; the other
for the same person, was a boot jack of huge dimensions; all given
and received with great pleasure ; it was pronounced by all to be
the cause of most of the merriment of the evening. Thanks are
due to all who so generously aided in trimming the church and as-
sisted in making the enterprise so perfect a success. It certainly
was a merry Christmas eve to all.

Salem Gazette, Dec. 26, 1873.

There is said to be a prospect of the old Topsfield Academy being
got into running order under very favorable auspices.

Topsfield sends nineteen scholars to the Putnam school in New-
buryport, who as well as some half a dozen others from Boxford and
Groveland, use the Newburyport branch of the Boston and Maine as
a conveyance.

Salem Gazette, Jan. 23, 1874.

Fire — On Tuesday, Feb. 16, the house near the poor farm, owned
by Mr. Dudley Perkins, and occupied by Mr. Edward Hall, was de-
stroyed by fire. Mr. and Mrs. Hall were both away when the fire
broke out in the L. The children were in the other part of the house,
and knew nothing about it until the next neighbor, Mrs. Dudley Q.
Perkins, seeing the flames, came to give them the alarm. The house
and furniture were totally destroyed without insurance. The loss
falls very heavily on Mr. Hall, whose means are not large ; but his
townsmen are doing something to repair the loss.

Salem Gazette, Feb. 24, 1874.

School Examination. — The examination of the South school took
place last Friday afternoon and evening. Miss Laura H. Lake, the
teacher, is a native of this town and a graduate of the Normal school,
Salem, and this being her first attempt at teaching it may be well to

NEWSPAPER ITEMS RELATING TO TOPSFIELD

109

remark that the excellence in their studies to which the scholars had
attained, is due both to the energy and perseverance which she has
put into her work, (having a burning desire within her to excel as a
teacher), and also to the rigid discipline and eminent instruction
which she received at the institution from which she graduated.

Miss Lake has had charge of this school for one full school year,
and has resided with her parents at the village, two miles from the
school house, the whole time, and has walked the distance to and
from school (four miles) nearly every day, summer and winter, —
probably upwards of five hundred miles — and in no case, either in
summer’s heat or winter’s cold, in autumn’s mud or winter’s snow%
has our school house been closed on a school day, — but on every day,
promptly at 9 o’clock in the morning, and at one in the afternoon,
has she been in her desk, ready to commence the exercises of the
session. So much for the teacher — and where shall we look for her
equal?

But the rare merits of this school, exhibited in all of the exercises,
deserve especial commendations and praise. From a district school,
where the classes range from the smallest primary to the most ad-
vanced in our public schools, and the ages of the scholars in about
equal proportion from 4 to 16 years, we should hardly expect to find
excellence in any study ; but in this we were very much surprised to
find that one fourth of all the scholars had passed through all the
intermediate branches and thoroughly mastered the highest mathe-
matics taught in our public schools. The examination of the first
class in arithmetic was especially gratifying, inasmuch as problems
given by the committee outside of the text book were solved with an
ability and promptness unsurpassed by any prepared exhibition.
The class in mental arithmetic, which comprised nearly one half of
the scholars, were able to solve the most difficult problems in Eaton’s
Mathematics with perfect understanding and readiness. But these
were samples only of the perfection achieved in every branch taught
in the school. So much labor as had been bestowed by the teacher
in thoroughness in advancing the scholars, that the exhibition given
in the evening by the same scholars surprised us even more than the
examination in the afternoon.

During the interval between the exercises of the afternoon and
evening, it had become pretty well understood around the neighbor-
hood, and the word had extended even as far as the village, that
there was material in the South School worth noticing and as a re-
sult, at an early hour, the house was completely packed with eager
listeners, filled with high expectations.

The space allowed for this article will not permit a full description
of the very interesting entertainment, but the repeated applause

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

elicited from the audience, throughout the entire exercises, gave as-
surance that their highest expectations were fully realized.

We notice the names of Hall, Towne, Peterson, Welch, and Cham-
berlain, in the exercises worthy of special commendation. But Mas-
ter A. Burnside Floyd, in ''A Smack in School,” and 'The Knife of
my Boyhood,” and Miss Abbie Peterson, in "Excelsior,” and "Old
John Burnes,” can rarely be excelled, either in city or country.

The entertainment closed about 9 1-2 o’clock, and we all retired
to our homes well pleased with what we had seen and heard, — con-
gratulating ourselves and our school committee that they were not
obliged to go out of town for a first class teacher, and rejoicing at
the prospects of a triumphant future for the "Old South School.”

The^town of Topsfield appropriated $1500 for schools, $900 for
roads and $7600 for other purposes. It was voted to abolish the
board of road commissioners, and the following town officers were
elected : — Selectmen, Salmon D. Hood, Dudley Bradstreet, Ariel H.
Gould; town treasurer and collector, J. P. Gould ; town clerk, J. P.
Towne; assessors, Jeremiah Balch, M. B. Perkins, S. A. Merriam ;
school committee, S. A. Merriam, J. A. Lamson ; highway surveyors,
David Clarke, E. P. Andrews, S. W. Perkins, Thomas Cass, J. A.
Peterson, C. J. Peabody, J. W. Towne, J. W. Beal, W. J. Savage;
overseers of the poor, Dudley Bradstreet, J. H. Potter, Richard Ward ;
constables, H. W. Lake, C. J. P. Floyd, James Wilson.

Salem Gazette, March 11, 1874.

Essex Agricultural Society. — The committee having charge of the
Treadwell farm, have leased it to Thomas W. Pierce, Esq., of
Topsfield, for the term of seven years, at $500 per year. He is to
manage it in a husbandlike manner, and apply twenty-five cords of
manure, or its equivalent, in part in special fertilizers annually, and
to conduct such experiments as may be ordered by the committee.
The experiment arranged for the next three years is designed to test
the value of some of the most celebrated special fertilizers, in com-
parison with barn manures, and the result will be published in the
transactions of the society. The society some years since, built a
substantial barn on the farm, costing about twenty-five hundred
dollars, but have since received rent sufficient to balance the account,
so that the farm is not now indebted to the society, and besides this
valuable barn the farm has been much improved by good cultivation,
and the application of manures, till its present productiveness is very
creditable to the management.

By the annual report of the School Committee of this town, it
appears that, during the past school year, there was expended for
the support of schools $1,749.77. The largest number attending the

NEWSPAPER ITEMS RELATING TO TOPSFIELD

111

schools between five and fifteen years was 206 ; number under five,
3 ; over fifteen, 16. A detailed report of the condition of the several
schools is given, and in their general remarks the Committee express
the opinion there is now too much mere training of the memory and
too little education of the mind to conceive and reflect. They also
commend that feature of Spartan education which taught young
people how to obey, as it is only by learning how to obey that one
becomes competent to command. The common idea that children
should never be compelled, but only induced to do what is desired,
the Committee think has been rather overdone ; and they urge the
infusion of more energy, spirit, and vigor in the pursuit of study,
and more rigorous discipline in government.

Salem Gazette, May 6, 1874.

FOR SALE.

A beautiful messuage in Topsfield on High street, 40 rods of land
(and more is wanted) covered with apple, pear, peach, and ornamen-
tal trees, and small fruits in abundance. The House is of modern
design, 12 rooms, with wash room in the basement. Carriage room
12x20, stable 30x20, with room finished on the second floor suitable
for a small manufactory, four stalls — two for horses, two for cows,
cellar under the whole, piggery and henery, all connected and in
thorough repair, three minutes walk to depot and churches, and less
to schools.

Parties wishing a quiet home in a good neighborhood, should
examine this estate. The price and terms are liberal. Apply at this
Office, or to B. P. ADAMS, Postmaster.

Salem Gazette, May 6, 1874.

In Topsfield several veterans of the late war, v/ho belong to the
Grand Army Post in Georgetown, performed the sad but pleasant
duty of presenting the annual offering consecrated to the memory
of the fallen ones who lie buried here. They did their work without
"drum or funeral note,” and their action is entitled to the highest
praise, inasmuch as they were obliged to leave early in the morning
for Georgetown, where a hard day’s work awaited them. We take
the liberty to append their names ; Messrs. H. H. Potter, D. E. Hurd,
A. J. Phillips, E. T. Phillips, E. Fuller and C. H. Clark.

Salem Gazette, May 6, 1874.

There has recently been formed a Division of the Sons of Temper-
ance in this town, which numbers about 90 members, and is in a
prosperous condition.

Salem Gazette, June 9, 1874.

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

Humphrey H. Clarke, son of David and Mary P. Clarke, died Feb.
17. The June 12, 1874 issue of the Salem Gazette has a 31 line
obituary notice, containing little biographical matter.

A field meeting of the Essex Institute took place yesterday in the
town of Topsfield. . . . Topsfield has a town hall nearly completed,
but which will not be ready for use for some time to come at least,
though it has for many months served in supplying a town topic of
no ordinary magnitude for those inclined to dwell upon the subject
of taxation. . . .

B. P. Adams at one time kept the Topsfield hotel on the turnpike.
He still keeps the postoffice in the familiar village store and con-
tinues to weigh the Salem and other folks after they have spent their
summer vacations under the influence of the Topsfield air. . . . The
party visited the old Gould house (now a barn) owned by Frederick
Elliott. ... Its huge oak timbers (13 x 16 and 8 x 15) the brick
lined walls, and the old fashioned lathing, are a real curiosity.

For account of the proceedings at the literary exercises, see the
Gazette and also Essex Institute Bulletin for 1874.

Salem Gazette, June 19, 1874.

Tuesday evening was a glorious time for Topsfield. Strawberries
never tasted better, and other viands were delicious ; and the band
did splendidly — the music could not have been better. Thanks from
all are due for their success in their first appearance in public. — May
they soon, with full ranks, all present, be pleased to again discourse
their music to hundreds of interested listeners. That band stand
must be built now. Where are the subscription papers? Please show
them to all ; and on the common, every week, we may enjoy as good
music as Boston.

The festival was a perfect success. Nearly 75 dollars were realized
towards purchasing an organ for the Division. Thanks are due to
committees, assistants, speakers and singers. Ail did well. We
were encouraged by a large number present of Floral Division, from
Georgetown, which rendered great service and interest to our efforts
in having a good time.

The Topsfield Division of the Sons of Temperance numbers one
hundred in round numbers ; and still they come, and still there is
room. All are welccome to become Temperate in all things. Soon
there will be 99 to join at one time. Then we shall feel strong in
the cause.

Salem Gazette, July 1, 1874.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

113

OBITUARY NOTICE OF ZACCHEUS GOULD
WHO DIED JULY 5, 1874.

Died in Topsfield, July 5, 1874, Mr. Zaccheus Gould, aged 84 years,
5 months, 17 days. This event has thrown into deep affliction an
extensive circle of children, grand-children, and great-grand-children,
with other numerous connections more or less nearly related. His
loss will be deeply felt in the community where he was so long a
resident. He was universally respected. As an affectionate hus-
band, judicious parent, kind neighbor, good citizen, and constant
attendant on divine worship, he was a model for others to follow.

Mr. Gould was descended in the sixth generation from Zaccheus
Gould, the earliest recorded settler of Topsfield, in 1643. Many of
his ancestors have been distinguished for personal bravery, patriot-
ism, virtue, and intelligence. He was the son of Zaccheus and Anne
(Brown) Gould, born Jan. 19, 1790, the fifth of ten children. "Baptism,
Feb. 28th, 1790 ; Zacheus, son to Zacheus Gould, Jr.” He was then
only forty days old. It is said that his parents hastened to present the
first child for baptism by their young, new minister, the Rev. Asahel
Huntington, ordained 22d November previous. In repeating the
story, Mr. Gould used to say that he himself was so young at the
time as not to recall the fact with certainty. However it may be as
to Mr. Gould’s baptism being the first administered by Mr. Hunting-
ton, it is certain that his marriage was the last solemnized by that
clergyman previous to his own death, April 22, 1813. "Marriage,
Nov. 2d, 1812 ; Zacheus Gould, Jr., and Anne Hood, both of Tops-
field.” The sixtieth anniversary of this wedding was celebrated
Nov. 2, 1872, when a large company of descendants, relatives and
friends met at the old family mansion to congratulate the aged
couple on the auspicious occasion. Mrs. Gould survives her husband.
Six of the ten children by this union are also living.

No person is now living who joined the church under Mr. Hunting-
ton’s ministry. Five persons joined in marriage by him still survive,
each having lost a companion by death : Lydia (Gould) Todd, Mary
(Averill) Gould, Benjamin Town, Hezekiah B. Perkins, Anna (Hood)
Gould. The persons baptized by Mr. Huntington in the last century
and now living are, Huldah (Gould) Perley and Dr. Humphrey Gould,
an older sister and a younger brother of Mr. Gould ; Rev. Jacob
Hood, Richard Hood, Mary Hood, brothers and sister of Mrs. Gould;
Daniel Boardman, Ira Porter, Nehemiah Cleveland, Aaron Conant,
Nehemiah Perkins, Benjamin Town.

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Mr. Gould retained his physical and mental vigor to near the last,
and his accurate knowledge of the local history of the town was
quite remarkable. He was accustomed to relate the following rem-
iniscence of Mr. Huntington and his young bride coming to town,
some seventeen months after his ordination. She was Althea Lord,
of Pomfret, Conn. They came to Topsfield on horseback. It was
known that they would spend the night before their arrival at the
famous Bell Tavern, then in Danvers. Here they were met by a
large delegation from Topsfield, also on horseback, the ladies in
silks and the gentlemen in the best their wardrobes afforded. Mr.
Gould remembers his mother’s silk dress, so firm of texture as
almost to stand if not to walk alone. Mrs. Huntington felt deeply
mortified at meeting so finely dressed a company, since her husband
wore his second best and somewhat seedy suit, while she had on a
gown of her own spinning, weaving and fitting. The cavalcade
galloped into town and up to the parsonage, a fine old mansion now
occupied by Mr. Jacob Kinsman. Here the party formed in two
ranks, on either side of the way, through which the bridal pair were
to reach the door. Jacob Kimball, of musical fame, acting as vol-
untary master of ceremonies, assisted the bride to dismount, and was
the first to salute her with a kiss of welcome and escort her to the
well-furnished table within.

The minister and his accomplished wife were highly beloved and
respected by their parishioners. The only known exception was the
quaint Henry Bradstreet. He killed off his hens, and with an oath
gave his reason. It will be borne in mind that Mr. and Mrs. H. were
from Connecticut. Mr. Bradstreet took umbrage at his fowls, be-
cause, as he said, they fell so far into the Topsfield fashion as not even
to lay an egg without the whole brood setting up the everlasting
chorus, "Connecticut, cut, cut, cut, Connecticut.”

Salem Gazette, July 21, 1874.

The Essex County Temperance Union held a successful meeting in
this town last Wednesday, and the people of the place evinced interest
in the proceedings and displayed their usual spirit of hospitality.
The meeting was held in the Congregational Church, and the discus-
sions, forenoon and afternoon, were quite earnest. The arguments
were, for the most part, such as the public are familar with ; but the
official action of Gov. Talbot was warmly endorsed, and the general
progress of temperance ideas passed in review in contrast with
former times. Rev. Edwin Thompson and B. R. Jewell, Esq., were
among the speakers in the forenoon, and resolutions endorsing Gov.
Talbot were introduced and adopted, after some discussions, gen-
erally in the affirmative, in which Rev. Messrs. McLoud and Fitts of

NEWSPAPER ITEMS RELATING TO TOPSFIELD

115

Topsfield, Rev. E. W. Hassengton of Beverly, B. R. Jewell, Esq., of
Boston, Isaac Hardy, Esq., of Peabody, and others took an active
part. Refreshments were served in the basement of the Methodist
Church, and when the meeting adjourned, it was to meet in Lawrence
on the first Wednesday in November.

Salem Gazette, August, 12, 1874.

Topsfield can boast of a town clock, in good running order, placed
last week in the new Town Hall, which is nearly completed, and
which is large and commodious for all practical purposes. It is re-
gretted that it is not in readiness for ’’Comical Brown,” who visits this
village Thursday evening of this week, at Union Hall. Give him a
full house, as he is worthy of the patronage of all.

Soon in this musical town there will be a singing school, for those
desiring to be instructed in the rudiments of music. Efforts are
being made for such a school, to commence in a few weeks, as the
evenings are now of sufficient length for that purpose. As soon as
a sufficient sum is raised for this object, it is hoped that an efficient
and successful teacher will be secured. All desiring instruction in
this branch of accomplishments are cordially invited to become
members.

The Sons of Temperance in this town now number over a hundred
in their division, and they all go for the re-election of Gov. Talbot,
as all good temperance people will.

Salem Gazette, Sept 2, 1874.

The LeGroo Festival. — The members of the LeGroo family held a
re-union at the residence of the oldest living sister, Mrs. Sally P.
Rose, in Topsfield, Tuesday, Aug. 25. There were about 75 in all,
the ages ranging from seventy-five years to seven weeks. This
gathering comprised the descendants of Samuel LeGroo, whose father
lived in Reading and served in the Revolutionary Army where he
was taken prisoner and died at Halifax. His son Samuel lived for
many years on the Peabody Farm, and had ten children, viz : —
Samuel, now living at West Peabody; Sally P. Rose, living in Tops-
field where the gathering was held ; H. Parker, of Danvers ; William
P., of Milford ; Edmund, deceased, father of Policeman LeGroo ; —
Polly P. Rose, deceased ; Lydia Towne, of Natick ; Hannah P. Knapp,
of Beverly ; J. Warren, of Danvers, and Lucretia Osgood of Dover,
N. H.

The forenoon was spent in various ways ; the matrons chatted in
and about the house, of the past ; their brothers examined the farm
stock and crops, and the cousins went berrying in the woods. A
table was improvised by means of carriage-house doors and barrels.

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and we doubt if ever a dinner in a first-class hotel was enjoyed more
thoroughly than was that feast on a rude table in the open air.

The afternoon was passed much like the forenoon and when the
evening shades began to fall, the horses were hitched up, good-byes
were exchanged, and then the train was in motion, homeward bound,
all well pleased with the day’s doings.

Salem Gazette, Sept. 4, 1784.

It is desired that a singing school be taught in this place, to com-
mence in a few weeks in Union Hall. All who wish to become
members can do so by calling upon C. Winslow, Dr. Hurd or W.
Perkins. The services of E. P. Wildes of Georgetown, can be
secured, and about one hundred dollars will be necessary to meet
the expenses, or about five dollars for each evening. All who desire
such a school, can have the pleasure of aiding, either as scholars or
complimentary members. Both are cordially invited. The price for
instruction will be one dollar for ladies, and two dollars for gentle-
men ; but larger sums will not give offence. Payment will be
expected on the twelfth evening of the course, in order that the last
night may find every dollar paid. This effort for a school will need
the encouragement of all, to make it a success.

The Picnic held in Towne’s Grove on Tuesday of last week, was
enjoyed by all present. The band kindly aided with their excellent
music, and they have the best wishes of all, that success may always
attend them.

Base Ball is again in order.

Salem Gazette, Sept. 16, 1874.

We are having fine weather for harvesting, and our crops are
abundant. Our barns are well filled with hay of the first quality
and there is a very heavy second crop. Potatoes are good (not
much rot) and are yielding well. Corn is better than for several
years, and, although our farmers did not plant so much as in some
years past, those who did are getting splendid returns for their labor.
Pears are very plenty, and our peach trees, which, for a dozen years
past have been like Mike Murphy’s pig, ''neither useful nor orna-
mental,” have this year seemed to be trying to atone for their past
uselesness by bearing full to their utmost capacity. And of apples
we have, with the rest of the county, an abundance, more probably,
than have been raised in any one year for ten or twelve years.

Business of all kinds is as good here as could be expected under
the circumstance, and our manufacturers seem to be doing a safe
and sure trade, and all seem well satisfied.

Our citizens seem determined to keep up with the pace o'f the age,
on improvements, and many of them have taken advantage of the

NEWSPAPER ITEMS RELATING TO TOPSFIELD

117

past dull season to work about their own premises, thereby finding
healthy employment as well as a real gratification in the improved
appearance of their property and also of its increased money value.

Among the most noticeable are those made by Mr. Wm. P. Walsh,
on the old Cornelius Bradstreet estate, purchased last fall ; — by Mr.
Andrew Pierce, on the J. Town estate, purchased last spring; — by
Mr. Stanwood, on the old Cleveland place; — by Mr. Benj. Jacobs, on
his new building and surroundings; — and by Mr. Wm. Gallup on his
buildings near the depot, the latter being now occupied by the new
and enterprising firm of Lane & Frame, shoe manufacturers.

Among the new buildings erected this summer we notice a nice
French roof cottage house, just finished by Messrs. Cummings &
Hill, of Ipswich, at the junction of Railroad Avenue, and — I wish
some one who has the authority would name our new streets — well,
I will call it Woodbury street, (because Mr. I. M. Woodbury built the
first building on it, and his was the first family to take up its resi-
dence on it) for Mr. Jotham S. Welch, said by most people to be the
handsomest cottage in town.

Mr. Warren Prince, of Beverly, is now building a cottage house with
mansard roof for Mr. Austin Lake, on the West side of Lake’s hill,
to be finished before cold weather. Mr. Daniel Willey is building a
house for Mr. Webster, but for what use "deponent saith not.” This
also has a mansard roof, and is near Mr. Lake’s new house.

While carpenters from out of town have been at work here on
private residences, our carpenters have been busy finishing the town
house, and have erected two dwelling houses and their appurtenances
in Boxford. Our town hall is nearly finished; but more of that
hereafter.

Among the new comers into our quiet town, last spring, was a
Gentleman by the name of Chas. S. Wiggin, who has bought out the
restorator established by Mr. Lane, and has so remodelled, rearranged
and refitted it, that it is now a pleasant and commodious drug store,
and our citizens now have a careful and experienced apothecary,
who is ready, able and willing to attend to their calls day or night.
This is a desideratum which has long been felt, and we hope that
Mr. W. may meet with the encouragement that he so richly deserves.
But I am claiming too much of your valuable space, and with one
more item will close.

During a stroll about our pleasant village the other day, we
chanced to drop into the slaughtering establishment of Mr. Isaac
M. Woodbury, when we met his trusty, faithful and superlatively
neat foreman, Mr. David E. Davis, who kindly conducted us through
the whole establishment, and willingly answered all of our questions.

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and readily explained the whole modus operand! of the business.
But the coolest treatment we received was when he opened the door
of the meat room and bade us enter. We should call it an Arctic
Ice House, but we were informed that its proper name is the Robert-
son’s patent refrigerator. This was indeed a cool operation and our
teeth soon began to chatter and we were right glad when our pilot
concluded that we had seen enough of the inside of this Alaskian
prison. But whew ! Mr. Editor, just think of an ice chest large
enough to hold whole oxen, and lots of them too, and twice as many
sheep, and loads of calves, I don’t know how many in number. But
its size and temperature were not all that we noticed about it, for
the workmanship of the whole structure was something which im-
mediately attracted our attention ; but when we were informed that
it was built by our old time friend, Wm. B. Morgan, Esq., of Wenham,
why we just ceased to wonder that the doors swang so well and shut
so tightly ; and that after so severe a trial as the heated atmosphere
outside and the exceedingly cold inside, that there was no warp,
swelling, or sticking to partition, door or window, for Morgan un-
derstands his business, and it is just as difficult for him to do a poor
job of work as it would be for a goat to talk Latin ; and this job
shows the impress of his master hand and mind, and if any want to
see a fine piece of work, just let them call in at Mr. Woodl^ry’s and
satisfy themselves that this is no exaggeration from Occasional.

The Republicans of Topsfield met in caucus, in Union Hall, on
Monday evening, for the purpose of choosing delegates to attend the
convention at Worcester, Oct. 7th, to nominate candidates for all
State officers, to be voted for at the election in November next. B.
P. Adams, Esq., was chosen moderator, and J. M. Batchelder, Esq.,
secretary. The delegates chosen were Richard Phillips and Augus-
tine S. Peabody ; and it was voted, without opposition, that the
delegates be instructed to vote for Hon. Thomas K. Talbot for the
next Governor of the State.

Salem Gazette, Oct. 7, 1874.

OUR NEIGHBORHOOD.

A FEW NOTES PERTAINING TO TOPSFIELD.

The past week or ten days has been particularly favorable for
trips into the country, and of all the towns in this neighborhood few
present more natural charms than Topsfield. The railroad connec-
tion with this place is not good ; but this deficiency is very well
supplied by Mr. Webber of the Danvers coach line, who makes a trip

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119

from the Eastern Railroad depot at eight o’clock in the morning, in
season to connect with the train from Danvers over the Danvers and
Georgetown road, and this is really a very great convenience. A
friend of ours for several mornings in succession has improved the
fine autumnal weather by taking a trip to Topsfield, there procuring
a team, and thence striking out in different directions — to Byfield
one day, Andover another, and so on to the complete exploration of
the region round about. And a more sensible way of obtaining
recreation, and at the same time becoming familiar with the topo-
graphy of Essex County, it is difficult to imagine.

The business of Topsfield does not change much from year to year.
It is an old farming town, the farmers pursuing their vocation, from
year to year, with apparent contentment and a good degree of thrift.
A few shoe manufactories give employment to a considerable number
of people, and thus far business has been reasonably good considering
the general condition of trade throughout the country. Topsfield,
we judge, is likely to become more and more attractive, from year
to year, as a place of summer resort, for its hills and drives are very
attractive to sojourners from the city. During the past summer, and
indeed for several years, there have been many boarders here from
Salem and elsewhere ; and from the good accounts which they bring
home, both of the people they meet in town, and the natural attrac-
tiveness of the place, it is likely that Topsfield will continue to grow
in the favor of the outside world. Within a year or two new roads
and streets have been opened and old ones improved, and the village
bears the marks of general thrift.

We were quite struck, during a recent visit, with the extensive
prospect as seen from the hill near the new road by Capt. Morgan’s.
The view is less picturesque, perhaps, than that which includes the
village as seen from ths River Hill ; but it is very extensive, and
diversified with hill and vale. Away off in the direction of Wenham
may be seen Mr. Willard Smith’s house, which possesses at least the
distinction of being the last house in town in that particular direction.
To the right, through an opening, may be seen the grove at the
Asbury camp-ground. Standing conspicuously upon an eminence
toward the north, is the Price and Shreve house, built some years
ago by Mr. Lake, and much improved under the new proprietorship.
The fine looking and well-kept Webster place may also be seen from
here, as well as the two meeting-house spires, which peep above the
intervening hills. From the field near the cider mill of Mr. Daniel
Towne, near by, an extensive and attractive view toward the west is
presented, and the smoke may often be seen streaming up from the
tall chimneys in Lawrence. This of course, is but one of the numer-
ous eminences in town from which fine views may be obtained.

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

The village of Topsfield is henceforth to be graced with a Town
Hall, which is now very nearly completed, and which will probably
be duly dedicated in the course of a very few weeks with such cere-
monies as are usual on such occasions. There has been, first and
last, a good deal of rancorous feeling engendered by this enterprise,
in which the prospect of a considerable addition to the town debt,
added to the average degree of jealousy that is apt to be felt against
expenditures for the alleged benefit of "the village,” by those living
a few miles out upon the solitary roads, — contributed, at one time,
to breed considerable dissatisfaction. But the building of the struc-
ture has been prosecuted with such good judgment, that it is believed
the work will be eventually accepted with a pretty general feeling of
satisfaction. Contrary to what is the rule with most enterprises, it
has been built within the appropriation of $13,000, exclusive of the
furnishing. It will afford fine facilities for concerts, entertainments,
and lectures ; and it must be confessed that the town has heretofore
been very indifferently supplied with facilities in this direction. We
can see no reason why the hall should not contribute to make the
town additionally attractive as a residence, and, now that it is fin-
ished, we hope our good friends will forget their former differences
and unite in making their hall effective in promoting the social
intercourse of the town, and the pleasure and elevation of the people.

Salem Gazette, Nov. 4, 1874.

A singing school is being taught here by Mr. E. P. Wildes, of
Georgetown. Upward of 80 scholars attend, besides good singers
who are present. Good order prevails,- and all take a deep interest
and are making rapid progress in the elementary parts of music.
We have but one difficulty to contend with, the school has made an
expense of purchasing tickets of admission which are not transfera-
ble. The school has decided not to admit those who have not
purchased a ticket, for the reason that to enjoy the amusement or
receive any benefit from the school, all should meet their part of the
expense. It is required that all persons attending the school will
first procure a ticket of the teacher or committee, and show the
same to the door keeper each evening of the school. Should there
be on any evening, a person present without a ticket, no surprise
need be manifested if they should be requested to purchase a ticket
of admission, which is $2.00 for gents, ladies, $1.00. Measures will
soon be taken to care for certain persons who do not belong to the
school, but persist in entering the entry and hovering about the hail,
with tobacco and other means of annoyance attempting to disturb
the school. Their names are known, and they will not be obliged to
make many more efforts in that direction before an arrest will be

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121

made, and they will be dealt with as the law directs. All singers
and well disposed persons are cordially invited to become members
of the school, as it is the interest of all for them to do so.

Salem Gazette, Dec. 2, 1874.

There will be very interesting Christmas festivities, under the
auspices of the Ladies Society of the Topsfield M. E. Church, — con-
sisting of music, song, recitation, drama, dialogue, poem, Christmas
tree, Asiatic scenes, &c., &c. This entertainment will continue two
evenings, Christmas eve and Christmas night, Dec. 24 and 25.

We doubt not the numerous readers of the Mercury, will hail with
pleasure the appearance of the interesting native of Turkey, Decran
Serope Creco Kavalgian. In full Turkish costume he will give us
many instructive and amusing as well as truthful illustrations of the
religious and social manners and customs of his country, which he
left but a few months ago. This will be the rare opportunity of a
life time. For a trifle you can see what might otherwise cost you a
trip across the ocean, if you will be present at the entertainment
mentioned above.

The Selectmen have adopted rules which are to be framed and
posted in the Town Hall, with the view of preserving its good ap-
pearance and taking care that disorderly conduct shall not be toler-
ated there. Every inhabitant should feel it to be a duty to see that
there shall be no occasion to apply the law in any case.

On Monday, officers Jackman, Harriman and Manning, of the
State Police, arrested Wm. Smith, Chas. Smith, Parker Welch, and
Alvin Welch, members of the so called ’'Mulligan Guard,” for drunk-
enness and disorderly conduct. They were taken to the Salem Police
Station and will be arraigned.

Salem Gazette, Dec. 23, 1874.

THE TOPSFIELD TOWN HALL

A FULL REPORT OF THE DEDICATION — THE ADDRESS OF DR.

LORING, DESCRIPTION OF THE HALL, AND SOME ACCOUNT
OF THE EVENING PROCEEDINGS.

The new Topsfield Town Hall has just been completed, and it was
duly dedicated to public uses on the afternoon and evening of Wed-
nesday, Dec. 16, in the presence of large audiences which must have
numbered full six hundred people at each meeting. This hall, like
all public enterprises of like nature, has been built in the face of
much opposition, based not upon the idea that such an institution is
not a good thing in itself, but upon a belief that the town ought not

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to incur the outlay in the existing condition of its finances. For sev-
eral years the subject had been prominent in the town meeting dis-
cussions, and from time to time special meetings had been called
upon the subject. In March, 1873, however, it was not only voted
to build the hall, but a building committee was appointed, consisting
of Messrs. Charles Herrick, Joseph W. Batchelder, John Bailey, John
H. Potter, Ezra Towne, Dudley Bradstreet, and Wm. E. Kimball.
The only count taken at this meeting was on a vote to pass over the
article, 76 to 95. After some early contracts had been made, a town
meeting was called to secure a change in the location, but under
circumstances which led the advocates of the enterprise to believe
that its entire abandonment was the real object. But at any rate,
by a close vote, the action already taken was adhered to — the voters,
on a poll of the house, having been drawn up in two lines on the
common. The exact votes were as follows : In May, 1873, a motion
to pass over an article proposing to change the location, was carried,
75 to 71. In June, a motion to "rescind all votes passed at the town
meeting on the fourth of March in relation to the building of a town
hall,” was negatived, 102 to 108. From this time the work has pro-
gressed uninterruptedly ; and the committee, with much labor, and
greatly to their credit, as now universally acknowledged, have bent
their best energies to securing a good hall, which will be found well
built and well finished in every particular, and which has cost with-
in $200 of the $13,000 appropriated for the purpose. The expense
of the furnishing is about $1700.

The hall is deemed sufficient for the present and prospective needs
of the town. The size of the building is 80 by 46 feet. On the first
floor are two rooms for town officers, 16 by 23, one of which is suit-
able for a public library. In the rear of these is a hall 26 by 45 feet,
for a reading and library room, or which can be used for lectures
and singing school purposes. On the same floor is another commo-
dious room with ante-rooms attached, suitable for a high school, and
capable of accommodating 60 or 70 pupils. On the second floor the
town hall is provided, 45 by 56 feet, with gallery and commodious
ante rooms, the entire seating capacity being about 600. Upon as-
cending the stairs, a marble tablet has been placed upon the wall in
commemoration of the soldiers who fell in the war. It contains the
following inscription : —

"In memory of the soldiers of Topsfield who gave their lives in the
cause of their country during the war of the rebellion.

"John H. Bradstreet, James Brown, Moses Deland, Royal A. De-
land, Albert Dickinson, Otis F. Dodge, Lieut. James Dunlop, Swiner-
ton Dunlop, Wm. H. H. Foster, Murdock Frame, Mich. R. Clispen,

NEWSPAPER ITEMS RELATING TO TOPSFIELD

123

Emerson P. Gould, Wm. H. Hadley, Geo. P. Hobson, Francis A. Hood,
Daniel Hoyt, John Hoyt, Austin S. Kinsman, Alfred A. Kneeland,
Henry P. Kneeland, John Warren Lake, Chester P. Peabody, Lewis H.
Perkins, H. Hanson Roberts, Daniel H. Smith, John P. Smith, John
Stevens, Eugene H. Todd, Wm. Welch, Jr., Hayward Wildes.”

The furnishing of the hall is of a neat and substantial kind, and
the hall itself looks quite brilliant when fully lighted, with its bracket
lights and two neat chandeliers. There is also a clock in the tower
with convenient dials, and, with the aid of an electrical wire, it strikes
out the passing hours upon the bell in the steeple of the neighboring
church. This clock was paid for through the instrumentality of an
amateur dramatic club composed of the young people of the town,
while the cost of the electrical connection was defrayed by certain
citizens.

In the erection of the new structure, Messrs. Lord & Fuller of
Boston, drew the plans ; Mr. Samuel Todd, of Topsfield, laid the
foundation work; Mr. J. H. Potter, of Topsfield, had charge of the
building; Norton & Manning, of Swampscott were the masons;
Thomas & Griffiths of Boston the slaters ; and J. V. Porter & Co. of
Beverly the painters. The furnaces were supplied by Mr. Whittier
of Peabody, and the other fixtures were from Boston.

The public exercises of the afternoon began at about two o’clock,
and Benjamin Poole, Esq., presided. An introductory prayer was
offered by Rev. J. H. Fitts, pastor of the Congregational Church.
Then came the report of the building committee, which was read
by its chairman. Mr. Charles Herrick, who gave the keys to Mr.
Poole to be passed over to the Selectmen. Mr. Poole then read a
communication from the dramatic club giving the particulars of the
town clock history, and their raising, by public entertainment, $325 ;
and he passed over the keys to Mr. Dudley Bradstreet, the chairman
of the Selectmen and a lineal descendant of old Gov. Bradstreet, who
had an extensive land grant in the town. Mr. Bradstreet, in brief
and proper terms, accepted the keys, and, in the name of the Select-
men, accepted the hall and the clock, and expressed satisfaction with
the work. The Chairman of the meeting then made a few introduc-
tory remarks in which he spoke of the natural beauty of this town,
and in no unkind terms of the opposition which this enterprise had
met with, at the same time citing many public improvements else-
where in proof of the necessity and wisdom of public enterprises.
The other exercises, which followed in due order, were an eloquent
Address by Hon. Geo. B. Loring, a Poem by Mrs. J. R. Peabody, and
a Poem extemporaneously and well delivered by Chas. H. Holmes,
Esq., which, in apt and ready rhyme, chronicled the history of the

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enterprise to the evident amusement of the audience as well as to the
general acceptance. It should also be said, here, that, at suitable in-
tervals in the programme there was good music by a native choir
under the leadership of Mr. Ephraim Averill, and also by the Tops-
field Brass Band, which, after an existence of only about six months,
acquitted itself, throughout the day, with much credit both to its
members and its leader, Mr. Jeremiah Balch. It was lead, in the
evening, by Mr. Theron Perkins.

ADDRESS OF DR. LORING.

Dr. Loring commenced by alluding to the charm which surrounds
the municipal history of this ancient Commonwealth. The sturdy
enterprise which called the towns into existence, the strong and abid-
ing faith which sanctified their birth, the establishment of those in-
stitutions of learning and religion which have grown at last to be the
crowning glory and the power of our land, the stern demands and
protests of that early town meeting, the simple joys and the touch-
ing trials of our ancestors, the earnest endeavors after self-govern-
ment, the valor which filled the young men, the self-sacrifice which
supported the old men, the patient and cheerful courage of the
women, the constant adventure, the vital force of a society in which
all were equal, and where wealth made no distinctions, the familiar
Puritan names, the simple ecclesiastical organization, the psalm in
the wilderness, the earnest prayer, the embrowned and faded town-
record, the small contests, and the great purpose, — all fill me with
delight as I explore the past and unravel the story of a brave and
hardy people, planting the highest form of state and society in a new
world, and filling the solemn aisles of the gloomy forest with their
plaintive songs and their fervid prayers. No great historical events
touch so tender a chord in the human heart, as do the personal and
social incidents of the brave little municipalities of New England.
Their earnest and positive characteristics always arrest our attention.
It is in accordance with their spirit and genius, now a part of the
American nationality, that the structure just completed here, has
been erected, a monument to intelligent American suffrage. It may
be classed among the representative and significant buildings of the
world, — such buildings as may be found in all ages and all countries
indicating popular genius. It is from the architectural remains of
Greece and Rome that we learn as much of those nations, as from
their books. So it is in England ; and so in America. For ourselves
we have arrived at a time when our most elaborate efforts in build-
ing, are for the purposes of state, or the accommodation of business,
or the wants of a church, or the work of popular education, the es-

NEWSPAPER ITEMS RELATING TO TOPSFIELD

125

pecial duties assigned to the American people — the objects to which
their peculiar genius is devoted. And so this Town Hall, dedicated
as it is to public work, and to education, stands here a temple erect-
ed by freemen, enjoying civil rights and privileges, to popular educa-
tion and popular suffrage — a high school for the preparation of young
men for their duties as citizens, and a town-hall in which they may
exercise the highest prerogative of citizenship. Here are planted the
two great pillars upon which our civil institutions rest ; and if you
will remember the long and weary journey which man has travelled
to reach that point of political elevation where the school-house and
the ballot-box are open to all, you will recognize the significance of
this simple structure, whose walls are radiant with a glory unknown
to temple or arch, dedicated to civil or religious despotism and power.
That the journey has been long and weary, the history of suffrage,
even in Massachusetts, from the early days of restrictions until now,
will testify. Now on membership of the church, and now on prop-
erty has this right even here been based — a right whose value is in
proportion to the effort through which it has been gained.

The part performed by Topsfield in this effort, and in what may
be called the municipal history of our country, commenced early and
has always been important and honorable. Here Gov. Endicott and
Gov. Bradstreet had large landed possessions. As early as 1650 it
became a town ; had the usual contests about boundaries ; was threat-
ened by savages ; was rent by religious controversies ; was swept by
the storm of madness called the "witchcraft delusion ; ” sent its able-
bodied men into the armies ; and grew into a strong town organiza-
tion. The people of Topsfield have always stood firm in the critical
periods of our history. In 1683, they protested against surrendering
the charter at the behest of Charles the Second ; and John Gould one
of the leading men here at that time was fined and imprisoned for
declaring to the company which he commanded, "If you were all of
my mind you would go and mob the Governor at Boston.” In 1766,
when difficulties began to arise between Great Britain and the colon-
ies, Stephen Perkins the representative of this town, was advised to
hesitate long before remunerating Gov. Hutchinson and Sec’y Oliver
for damage incurred by the Boston riots. In 1770 the people of this
town assembled to consider the grievances under which the colonies
were laboring, demanding constitutional rights, and commending
those merchants who would not import goods from Great Britain.
On the 18th of May, 1773, it was voted here, that the town would
be ready at all times to defend their lawful rights and liberties. On
the 14th of June, 1776, a vote was passed in favor of independent
American nationality. It should be a matter of pride that in that

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hour of trial when a wise mingling of audacity and sobriety was re-
quired to lay the foundation of our Republic, Topsfield enrolled her-
self among those immortal towns which cherished the spark of nat-
ional independence and wisely and at a proper time fanned it into
a flame. And when the institutions then founded were threatened
with overthrow, the town, true to its inheritance and to the spirit of
its founders, rallied to their support. On May 17, 1861, the town
resolved to organize a national guard for the preservation of our nat-
ional integrity. And as in the early wars, and in the Revolution
she sent the best of her men into military service, so in the civil war
was she lavish of her money and prompt in sending forth her sons.
As Boynton fought at Port Royal, and Israel Davis in the French war
and Benjamin Gould at Lexington, and Francis Peabody at Quebec,
and Israel Herrick in battle after battle of the Revolution, so one
hundred and thirteen of the men of Topsfield struck sturdy blows
for freedom at Antietam and Gettysburg, and waited and watched
by their camp fires for the dawn of that morning, when the loyal
hosts passed through the gates of Richmond and planted the flag of
a triumphant Republic upon its rebellious ramparts.

But as we contemplate that portion of this building assigned to the
work of education, we cannot forget that this was one of the chief
corner stones of the Republic. To this also has Topsfield been true.
The schoolhouse was an early institution here, erected in obedience
to that spirit which led the colonists to found a college and support
the schools. There can be no doubt that to the existence of these
schools, the towns owed much of their promptness and spirit in ac-
knowledging the early progressive tendencies of our country. The
early educational acts of Massachusetts are most striking. The early
educational enterprises of the towns are most admirable. The work
in this direction has never faltered. And we view with pride our in-
creasing schools, and our vast expenditures for education, which
last year amounted to more than six millions of dollars. It is a part
of the municipal glory of Topsfield that in this work she has done
her share.

It is indeed gratifying to know that the public buildings erected
here have from time immemorial been dedicated to some higher pur-
pose in connection with the customary duties of a town organization.
The first structure erected here by the people was a meeting-house ;
the second was a meeting-house ; and so were the third and fourth.
In these buildings dedicated to religious worship, the people were
wont to assemble in the discharge of those great public trusts which
were given to their care, when colonies were founded and towns or-
ganized on these shores. Their first care was religious instruction

NEWSPAPER ITEMS RELATING TO TOPSFIELD

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as the foundation of Christian society. And to them it was most fit-
ting that the meeting-house and the town house should come under
one roof. Nor is this sentiment yet extinct. As it was once the
Temple of Religion within whose walls the people assembled, so now
it is the Temple of Knowledge. It is upon a pure heart and an en-
lightened mind that the people would lay the sound foundations of
the State. And so they build now for a civil service based on intel-
ligence and honesty. Around this structure which will long stand
as a monument of the wisdom and generous purpose of the present
generation of the men of Topsfield, may there gather, year after year,
the faithful representatives of those who gave this town its high
character in the beginning, engaged still in the noble work of self-
government and social elevation.

MRS. Peabody’s poem.

Neighbors and friends, we meet to-day.

Happy, in this appointed way.

Our new hall to dedicate ;

Its worth to this community, —

The great convenience it will be.

Let us try to estimate.

We know, indeed, these modest walls
Will not compare with city halls.

But, thanks to our Committee,

They, knowing what we needed here.

Conformed all plans to that idea.

And a grand success we see.

Just note the time-piece in the tower.

Tranquilly ticking each true hour
Then giving intimation
To its neighbour — the church steeple
To announce it to the people.

As due its higher station.

And then this tablet see, where stand
The names of that dear soldier band
Who the fate of warriors met :

A fitting tribute paid to those
Who on our battle-field repose.

But whom we shall ne’er forget.

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

And may the long-wished time be near
When a choice library shall here
Be formed for our improvement ;

The voice of lecturers be heard,

And latent native powers be stirred,

To aid in each good movement.

And when the guardians of the town
Write taxes up or taxes down,

With these accommodations
We doubt not equity will shine,

So visibly from every line
’Twill save all disputations.

And then to add the crowning grace,

The ladies have a promised place
To hold their festal parties ;

They hope, with programmes pure and bright.

Pleasure with profit to unite.

As their peculiar art is.

And so we dedicate our Hall, —

And may it fully answer all
Our highest expectations ;

Thus — be an honor to the town, —

Thus — a rich legacy go down
To future generations.

THE EVENING.

In the evening there was another gathering in the hall, at which
there were addresses, a promenade concert, and, still later, a little
dancing by the young people, which was continued until about twelve
o’clock. At the earlier part of the exercises, Mr. Dudley Brad-
street presided, and introduced the speakers. The following is an
abstract of what was said : —

Mr. N. A. Horton, of Salem, in a short address, endeavored to im-
press the importance of recognizing this hall as a place which shall
send forth influence, not only elevating to this particular community,
but which shall do something in giving tone to public affairs and
infusing integrity into the public life. Among other things he said :

This comely building which you here publicly dedicate, takes its
place, today, among the established institutions of your picturesque
and thriving town. The last of you, and of many more to come
after you, will have lived and passed away, before this structure will

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129

have earned the venerated and almost sacred title of the ^'Old Town
Hall,” in which, to the youthful imagination, will be associated the
counsels of wise men who, to them, lived long, long ago. It is for
you to say whether the counsels that here find utterance shall be wise
counsels to the justification of future judgment. And here let it be
said, if there is a man in all this town to whose mind this building
looms up as a monument of unjustifiable expenditure and unwise
public action, may he thoughtfully consider that while he would have
fallen short of his public duty in doing otherwise than raising his
voice, at the right time, in opposition to its establishment, now the
time has come when it is equally his public duty to recognize
this as one of the town’s established institutions, to be cherished, and
used, and perpetuated as an educational influence by which the
people of this community may receive that valuable instruction in
public duty and American citizenship which is to be derived from
the lyceum, the public meeting, and the frequent taking of counsel
together in that bulwark of American liberty, the town meeting.

The public schools are justly maintained as a necessary auxiliary
to our form of government. Deriving its power from the people,
that government will reflect, in a great measure, the character,
the intelligence, and the moral spirit of the people. Our schools
are intended to impress upon the youth of our land the rudiments of
common knowledge, the necessity of self-discipline, habits of applica-
tion, and the general principles of morality. But all this, though
a necessary part of American education, is only a part of it, and loses
much of its value without that wisdom, sound judgment, personal in-
dependence and sense of individual responsibility, which are neces-
sary in giving tone to the public life. Observation, common sense,
and that knowledge which is to be obtained by frequent intercourse
with one another, are great necessities in promoting the best interests
of a community, and infusing a spirit of disinterested devotion into
public affairs. There is great moral power in the shoemaker’s shop
and the discussions at the village grocery. The town hall is a seat of
power in which thought compares notes with other thought, and cul-
minates in public action. Let no man consider himself too humble or
insignificant to have an influence in the moulding of the public will,
for with men, as in all things else, we trace the greatest results from
beginnings that do not impress us with magnitude.

Several citizens of the town followed with brief and informal re-
marks. Rev. Anson McLoud, beginning with an anecdote, ex-
pressed the wish that the selectmen and building committee might
live long to see all the benefits from this new hall which had been
predicted. He made no concealment of the fact of his opposition to

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

the enterprise, and took exception to a few things that had been
publicly dropped during the utterances of the day, expressing, among
other things, the idea that praise and liberality would belong to us
if we of the present day actually paid for the hall, but not if we
transmit to posterity the debt incurred in its construction. But he
said he should be happy to do everything in his power to make this
hall the instrument for promoting the virtue and happiness of the
community.

B. P. Adams, Esq. said he agreed with the various speakers that
the hall was in itself an honor to the town, and that the building
committee are entitled to great credit for the manner in which they
had conducted their work. For himself he had been among those
who had educated himself to be content to go without luxuries which
he felt that he could not afford ; and in a similar spirit in behalf of
the town he was not among those who favored the building of this
hall. But he hoped the institution would be no bone of contention
here, and he certainly should harbor no unkind feelings toward any
person who voted for it, and should always continue to pay his taxes
cheerfully and willingly. Mr. Adams concluded by introducing

Mr. Potter Kneeland, of Harrison, Me., who left Topsfield sixty-
years ago and who had found his way back here on the present in-
teresting occasion. Mr. Kneeland spoke in a low tone, and a con-
siderable portion of his remarks were not distinctly heard by our re-
porter. Among his sayings, however, he said that if he had been
asleep all this long time he should not now know where he was, so
many had been the changes since he went away. He was born in
1798, and told where the old house was located in which he was
born. At that time the town officers went from house to house to
transact their business, and did all the public work without pay. He
knew of but two men living who were here at the time he lived in
the town. He also indulged in some other reminiscences which were
not distinctly heard.

Rev. J. H. Fitts said we are already reaping a part of the benefit
of this hall in these public exercises, and this coming together here
to make each others’ acquaintance. He then proceeded to portray
a certain class of needs that he thought ought to be met in founding
a public library, and in establishing a cabinet of local relics and
scientific curiosities. His requirement was for books of reference
and the preservation of local histories ; and in connection with what
he said, he paid a compliment to the town clerk for the fidelity with
which he guarded the town records against liability to loss.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

131

The speaking was concluded with a short poem describing Tops-
field as viewed from the River Hill, by C. H. Holmes, Esq., who gave
the picture in terms which showed that there was at least one citizen
who had a sufficient liking for his own town to regard it as, of all
■other places, the ''home of Holmes.”

At this meeting, letters were announced from Messrs. John Batch-
elder of Lynn; Jacob Batchelder of Lynn; Albert C. Perkins, princi-
pal of Exeter Academy ; and Rev. E. P. Tenney, of Ashland.

Salem Gazette, Dec. 23, 1874.

Christmas Eve was appropriately noticed by both the religious so-
cieties of this town. The Congregationalists decorated their church,
and in the evening held a meeting, at which there was music by the
choir and a very handsome Christmas tree, which was loaded with
handsome presents, many of which were quite valuable. There were
interesting remarks by Rev. J. H. Fitts, and the occasion was one of
pleasure and profit. The Methodists had a Christmas tree in their
vestry (Union Hall), with music by the Topsfield brass band that
was well rendered.

On Christmas Night (Friday), the Methodists held a festival in
the new Town Hall. The attendance was large, and all performed
their parts well, as laid down in the programme. The brass band,
under the direction of Theron Perkins, performed with credit to all
concerned, and it is hoped the organization will find sufficient en-
couragement to ensure its permanency.

On the same night, there was a very enjoyable observance at the
old homestead and farmhouse of Mr. Ephraim Perkins. Between
fifty and sixty persons were present, and the leading feature was a
Christmas tree, from which the gifts were dispensed with much apt-
ness by the impersonator of Santa Claus. A bountiful repast was
provided, and there was good music, both vocal and instrumental.
The company kept together until a late hour, all were pleased with
the tree and its generous bearing of fruit, and in every respect
the occasion was one of much enjoyment to all who participated.
At this gathering, some verses, written by R. Daniels, and well read
by Miss Hattie Richardson, were presented. Expressing pleasure at
meeting under the ancient roof, and making reference to the duty
and pleasure of honoring and respecting our parents, the writer pro-
ceeds in verse as follows : —

Seventy years have passed away.

But yet our parents with us stay ;

Many thanks should we return
That still their lamps hold out to burn.

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

As we all know, the old must die ;

And so must you as well as I,

The young are often called away.

Those whom we think so long may stay.

Here is a table neatly spread

With something more than fish and bread ;

Turkeys, chickens, puddings and pies.

All pleasing to the taste and eyes.

The table is filled with the best of fare.

Such as the farmer can prepare ;

And after supper we will go

And see what Santa Claus will show.

The children march to the Christmas tree.

Thinking old Santa they will see ;

The tree is loaded with many a toy.

Well suited for each girl and boy.

There are presents here I think for all
Whom Santa may see fit to call ;

And as we make our evening call
A merry Christmas to you all.

Departure of a Citizen. — In these times of our annual merry-making
and festivity we regret to miss the presence of our friend Mr.
Charles J. P. Floyd, who has been especially identified with these
occasions for many years, and who is now about to leave for the dis-
tant state of Alabama. As a man of usefulness in our midst, his
place cannot be easily supplied. While he has received the approba-
tion of the citizens of the town by being elected from time to time
to various offices of responsibility and trust, his genius and ability
have been especially prominent in inffuencing and instructing the
minds of the youth. He was elected for many years Superintendent
of the Sabbath School in the Methodist Society, in which capacity
he was especially successful. When the crisis of the country called
our young men to her assistance, Mr. Floyd was found in the fore-
most rank of volunteers. He served honorably three years in the
war without the recompense of bounty other than that of his own
patriotism. As he leaves this place he carries with him the best
wishes of many friends. We hope soon to have an account from
him, through this journal, of what he may see and learn in the land
of the sunny south.

Salem Gazette, Dec. 30, 1874.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

133

A meeting was held at Topsfield, Dec. 21, of persons interested in
establishing a Free Town Library. Mr. Samuel Todd was chosen
moderator, and a committee appointed, consisting of Messrs. S. A.
Merriam, A. McLoud, J. Allen, H. Balch, J. H. Fitts, to collect parts
of several small libraries now in town, and also to present plans for
the formation and regulation of said library. The committee re-
ported, Jan. 2. They had found the old book-case with about 90
books of the ’Topsfield Library Society” established in 1794. Also
several books belonging to the ’’Athenaeum Association” organized
in 1840. The proprietors of the ’’Agricultural Library” contribute
their 100 volumes to the town. The ’’Ladies’ Society” connected
with the Congregational Church, generously deposit their valuable
library of 250 or more volumes for the purpose. The ’’Magazine
Club” furnish nearly 100 useful volumes. Besides, there are parts
of several District Libraries which are available.

Subscriptions of money and books are to be solicited. Mrs. Blake
one of our summer boarders from Salem, — generously heads the list
with $100. Another individual gives $100.

Members of the committee had visited libraries in adjoining towns
to consult their rules and regulations. They further recommend the
town to appropriate and furnish a suitable room with sufficient cases,
to deposit the Selectmen’s library in it, and to appoint committees
to regulate and control the library. There seems to be a commend-
able interest in this excellent work throughout the town.

An Odd Fellow’s Lodge was instituted in this town Thursday af-
ternoon. Members of Agawam Lodge, No 52, of Ipswich and Pro-
tection Lodge, No. 147, of Georgetown were present. The Lodge
will be known as Fountain Lodge, No. 170. Frederic Willcomb, of
Ipswich, was appointed as District Deputy Grand Master. A set of
regalia was presented by Protection Lodge, and a purse of one hun-
dred and fifty dollars by Agawam Lodge.

Salem Gazette, Jan. 6, 1875.

John H. Potter of Topsfield is a native of Ipswich, but educated
in Topsfield, where he is a carpenter and builder by occuption. He
has served as one of the Overseers of the Poor for ten years, but is
new to legislative honors. A Republican, in favor of prohibition if
the law can be executed.

Salem Gazette, Jan. 20, 1875.

TOPSFIELD TOWN HALL.

[The following is the speech, in verse, of C. H. Holmes, at the ded-
ication of the Topsfield Town Hall, Dec. 16, 1874.]

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

Good people all, it seems to me
I owe you an apology.

A week ago I chanced to meet
Mr. Charles Herrick on the street.

This gentleman in his wide scope
Proposed me as a ''forlorn hope.”

(A forlorn hope, you’ll understand.

Is a sort of desperate band,

Called out to make a first assault
When other means are all at fault).

He said "that I might stand around —

If other speakers were not found.

I’d be called out and say my say.

In my plain, common, off-hand way.

Now this short notice was well meant.
Intended as a compliment.

He thought I’d rhymes at my command.
Could always speak these rhymes off-hand.
True, rhyming costs me no effort —

I utter rhymes oft-times in sport —

But on occasions such as now.

More perparation need, I trow;

For ’twere an insult to your sense,

A sham, a cheat, a false pretence.

For a man to get up and speak.

And utter things both tame and weak,

And hem ! and ha ! and choke, and stick.
When he should go it glib and slick.

All public speakers ought, in fact.

To possess a peculiar tact ;

And more than all, their knowledge box
Should be stored with all kinds of stocks.
So at the pomp, feast, lecture, fete.

They can with ease appropriate ;

But the trouble is to select

Just what we need, and this connect.

For even of our greatest men
Not one can do it out of ten.

A small man who can concentrate
Will oft appear to be quite great.

Who knows how much his gun carries.
And ne’er a bursting charge applies.
Conscious that he’s both safe and sound

NEWSPAPER ITEMS RELATING TO TOPSFIELD

135

While marching upon his own ground.

Another, who is truly wise,

May ne’er to his true station rise
Unless he understands the art
To manage his defective part.

Great Jefferson had not a bit
Of what we call the ready wit.

But when called on would ne’er refuse —

Then gain delay by some excuse —

He knew his weakness and his strength,

And needed time to go his length.

But I am wandering from my theme —

The New Hall subject here I mean.

A beautiful Town Hall we’ve reared ;

When first designed, ’twas greatly feared
So good a hall could not be made
For thirteen thousand dollars paid.

But the whole thing is completely done,

’'From turret to foundation stone; ”

And the whole thing’s done complete.
Convenient, useful, plain, and neat ;

And the entire expense has come
Within the limits of this sum.

To the committee be all praise,

(For in them, the chief merit lays).

And honoring these men. I’d call
This hall erected, Herrick Hall.

Praise to our fair, the noble dears

Who helped us with their hopes and cheers.

Praise to each kind and class of men, —

The helping hero citizen
Who’ve helped us on in any way.

And cheerfully their part will play.

What part will play ? what part ? what part ?
’Tis but the base, this work of art.

The means by which we’ll elevate
And raise ourselves to high estate.

Where we’ll be free as free can be.

In learned moral liberty.

As I came up our New Hall stair.

On the first landing I saw there
Inserted in the entry wall.

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

As seen, and read, and known by all,

A tribute to our hero dead —

The people’s voice, it may be said —

Just tribute to our fallen brave.

Who died their country’s cause to save —
Who died this union to restore —

Who died for this, who died for more —
Died to remove foul Slavery’s stain,
Man’s sale of man, the galling chain,

And made us free’st of the free
In civil Christian liberty.

Where all men, all, both black and white
Have equal privilege and right.

Of these I’d say, with one inspired.

Whose harp to lofty strains was lyred
E’en in great Virgil’s words I’d say,

In his famed ^neadic lay,

'Thrice four times happy they
Their country’s call obey.

And for their country die.

Fighting for liberty.”

Or in the words of one less known.

Whom we may proudly call our own,—
"Hail ! all hail ! the patriot’s grave.
Valor’s venerable bed ;

Hail ! the memory of the brave.

And the memory of the dead.

Honored, thrice honored, be their name.
And their rich reward be this, —
Immortality of fame,

Immortality of bliss.

[Music — America. ”]

Ladies, gentlemen, of all ranks.

Please to receive our grateful thanks
For your attendance, presence here.

And for your close attentive ear.

Thanks to our President, whose grace
Dignifies and adorns his place ;

And’s the handsomest best drest man
E’er graced our chair, or ever can.

Thanks to the speaker of the day ;

We, by his oratoric way.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

137

The "admirable” term accord
In graceful manner, matter, word ;

Indeed his name bespeaks far more,

As Lor(e) ring or the man of lore.

And my hope is the time's not far
When he will be our Governor.

Of our odist I’ll not say much ;

We know that lady’s wonderous touch,

The sentiments she can inspire.

The thoughts that breathe, the words that fire.

Now, saying what I had to say
Upon the subjects of the day ;

Forgetting not the Hall report.

The clock gift, matters of that sort.

Forgetting not the speeches said.

Forgetting not the letters read.

Forgetting not our Topsfield Band,

The glory of our Topsfield land
Forgetting not the chorists skill.

Led by Professor Averill,

All being noticed, I propose
To take the seat from whence I rose.

— O terque, quaterque beati,

Queis ante ora patrum, —

Contigit oppetere ! —

Salem Gazette, Jan. 20, 1875.

The ladies of the Congregational Society will give an entertain-
ment at the Town Hall, on Thursday evening of this week. Songs
of the olden time will be appropriately rendered by singers in an-
cient garb, but youthful graces. There will be exhibited a collection
of antique and interesting articles of household furniture and do-
mestic machinery, which have been displaced by modern inventions,
and their use explained by a committee whose memory extends (for
this occasion) back to the time when all these things were in constant
requisition. A variety of new and pleasing exercises will add to the
enjoyment of the evening. A Yankee supper, hot tea and coffee,
oysters, and the usual variety of other refreshments will be served
by the matrons and fair daughters of this good old town.

On Thursday evening the 14th instant, the play "Ten Nights in a
Bar Room” was given before an audience of about 300 persons by a
company of about a dozen from the town of Essex. This is a tem-
perance drama, and it was very well produced by the amateur club

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

above alluded to. It was the opinion of many who heard it, that
the club would do very well, and incidentally aid the temperance
cause, by producing the piece elsewhere. There were some from
out of town who improved the fine sleighing by driving in to witness
the entertainment.

The Town Hall is provided with a fine eight hundred dollar piano,
placed there by the brass band. It is desired that the town purchase
it with the purpose of letting it as musical occasions may require.

The spirit of enterprise continues unabated here, notwithstanding
the pressure of hard times upon every hand. Passing through this
place, a short time since, the writer was surprised to see how great
a change a few years can make. New streets invite to pleasant
drives, and neat edifices recently erected enliven the way by their
tasteful adornments.

Listening to the tale of bygone days, from the lips of an old gentle-
man, whose birth place was the Topsfield of olden time, we became
convinced, however, that what we knew of change here was not
worth mentioning. His powers of recollection brought before us
the pretty village of Topsfield, reduced to three or four dwelling
houses, one variety store, and one church of the Orthodox faith.
The names Merriam, Balch, and Cleaveland, occurred to him as its
inhabitants.

An incident related by this old gentleman, brings to view some of
the severity with which the people of those days pressed ecclesiasti-
cal rules. When quite a small boy, his father went to hear a travel-
ling preacher, a kind of revivalist. Being a member of the church,
he was soon waited upon by a committee, who reproved him sharply,
and demanded a confession of wrong doing. This was refused, with
the assurance that he had only listened to the truth, and should an
opportunity occur, he should again give attention to the same preach-
er. Thinking doubtless that this opportunity might never be enjoyed,
they left with threatened expulsion should the offence be repeated.
The annoyance, and discomfort occasioned by this interview aroused
a prejudice in the mind of the child, which the passage of three score
years and ten has been unable fully to eradicate.

Salem Gazette, Jan. 20, 1875.

The singing school here is making favorable progress under the
instruction of E. P. Wildes, Esq., and his success is more than he ex-
pected, both in numbers and the talent in attendence. He will, in
connection with the school, give a concert on Thursday evening,
Feb. 4th, in the large upper Town Hall ; admission 25 cents. The
money raised will be used for the expense of the school. It is hoped
a full house will be given by those who are lovers of music and wish
to encourage the teaching of vocal music in our town.

NEWSPAPER ITEMS RELATING TO TOPSFIELD

139

The ladies of the Congregational Society gave an entertainment
on Friday evening instead of Thursday, the latter night being stormy.
Over 100 dollars were realized. The object was to meet the expense
of a new furnace in the church. It is expected the entertainment
will be repeated in part, with some changes of programme, in a few
weeks.

The Sons of Temperance are prospering in their good work ; the
present officers are W. P., W. M. Perkins; W. A., H. Ray; R. S.,
Miss A. M. Long ; A. R. S., Miss Abbie Kneeland ; F. S., J. B. Mc-
Lane ; Treasurer, D. E. Hurd ; C., W. P. Gould ; A. C., Miss Nellie
Gallop; Chaplain, Edwin Foster; I. S., Lewis Gould; O. S., C. W.
Winslow ; P. W. P., S. W. Raymond.

A Rich Man and Available Democrat. — We presume the following
paragraph, which we copy from the Merrimack Journal, relates to
Mr. T. W. Pierce, who has an estate in Topsfield, and who is a rela-
tive of the late ex-President Pierce. The railroad line referred to
we suppose to be the Galveston, Houston, and Henderson road, of
which Mr. Pierce is the President. The following is the paragraph,
which may be overstated in some particulars, but which we present
for what it is worth : "Among the richest men in this country, and

probably the one in receipt of the largest revenues, is the owner of
railroads in the South-west, roads which he has built and which he
personally manages. He has one line in Texas of which 180 miles
are in operation, and some fifty more building as fast as possible, of
which he is almost the sole owner, just enough being in other hands
to give a board of directors. He is one of the ablest men intellectu-
ally in the State, and on financial questions has no superior ; and
without ever holding civil office, to our knowledge, he has been con-
sulted by more than one or two presidents of the United States at-
tempting to solve financial problems. If ever the Democrats come
fully into power and seek the highest practical talents to direct the
affairs of the commonwealth, they will go to Topsfield for their
candidate for governor.”

Salem Gazette, Jan. 27, 1875.

The Topsfield Brass Band gave, in the Town Hall, on the evening
of Monday, Jan. 25th, a vocal and instrumental concert, assisted by
the leader of Carter’s Band, of Boston. They were greeted with a
fair and appreciative audience, also by the presence of the vocalist
of the evening. Miss Florence Pierce of Boston, whose graceful and
modest appearance made an impression on the audience, heightened
by the pure, birdlike notes of her well-trained voice. Her selections
were of a good order, comprising one of Millard’s best songs, en-
titled "Longing,” and a sparkling melody by "Ganz,” well adapted

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NEWSPAPER ITEMS RELATING TO TOPSFIELD

for displaying the flexibility and unusual high register of her voice.
Each piece merited the encore which it received. The first was re-
sponded to by a pathetic ballad, "If papa were ready the second by
Pinsuti’s "I love my love.” Mr. Norman McLoud, the young pianist,
presided at the piano-forte with unusual taste and skill. He per-
formed a bolero by Leybach, and a fantasie by Thalberg, in a man-
ner that called forth a storm of applause from the audience. Mr.
McLoud has a brilliant career before him, and we can but expect
that the hopes of his numerous friends will be more than realized.

The singing school concert will be on Thursday, Feb. 4, if not
very stormy; otherwise on Friday evening. The concert will merit
a large audience. It is hoped the musical director will not be dis-
appointed, as he will do all in his power to give a good concert.

The town hall has let much better than was expected. The small
hall lets nearly every night in the week. And the large hall two or
three times a week.

The report of the committee on Elections, giving to Mr. Salmon
D. Hood, the seat of Mr. John H. Potter, was in accordance with
common expectations, as it was quite obvious that he was the per-
son intended by the 80 voters who voted for Solomon D. Hood. It
is understood that special efforts were made with Saugus people to
defeat the Republican nominee, through Mr. A. C. Orne of Topsfield,
which action is supposed to have been instigated by the fact that
Mr. Potter was a prohibition man, while Mr. Hood was a supporter
of the license principle.

Salem Gazette, Feb, 12, 1875.

The new town library will be opened with not far from one thou-
sand volumes. Regulations have been adopted by which books are,
at the proper time, to be delivered between three and four, and from
seven to nine, P. M. All residents of Topsfield, over twelve years of
age, will be allowed to take out books.

Salem Gazette, February 23, 1875.

{To be continued)

VITAL STATISTICS OF TOPSFIELD, MASS.

1917.
June 23.

1921.
Jan. 4.
Feb. 16.

Feb. 20.

Mar. 10.

Apr. 20.

Apr. 22.
May 8.

May 22.

May 26.

May 30.

June 9.
June 26.

July 7.

Sept. 2.

Sept. 14.

Nov. 4.

Nov. 7.

Nov. 18.

Nov. 26.

FOR THE YEAR 1921.

BIRTHS.

Anne Proctor Ayer, dau. of Frederick and Hilda Proctor (Rice) Ayer.

Julanta Fornaroli, dau. of Guiseppe and Rosaria (Goppetta) Fornaroli.

Daniel Richard Fuller, son of Timothy Jesse and Edith Alma (Smith)
Fuller.

Nicola D’Agustino, son of Pasquale and Giovannina (D’Amore)
D’Agustino.

Beatrice Thelma Miner, dau. of Forrest Leonard and Dorothy Maud
(Domey) Miner.

Damiano (David) Gangi, son of Salvatore and Providencia (Rizza)
Gangi.

Louisa Marion Harrington, dau. of Frank E. and Marion Louise
(Tallant) Harrington. Born in Salem Hospital.

, dau. of Arthur A. and Clara M. (Daniels) Titus. Born in Salem.

Kilby Everett Roberts, son of Bertram M. and Annetta L. (Lindreth)
Roberts.

Dorothy Ada Titus, dau. of Henry U. and Edna M. (Hicks) Titus.
Born in Victoria Hospital, Salem.

Dorothy May Wildes, dau. of James William and Lila May (Deering)
Wildes. Born in Salem Hospital.

Gertrude Isabel Richards, dau. of Osgood Samuel and Ruth Florence
(Ford) Richards.

Henry Nadeau, son of Edmund and Rose (Ross) Nadeau.

Wallace Henry Kneeland, son of Clarence H. and Maude C. (Guptill)
Kneeland. Born in Salem Hospital.

Grace Eva Elliott, dau. of Thomas E. and Violet (Towne) Elliott. Born
in Victoria Hospital, Salem.

John Bernard McDonald, son of James V. and Stella (McKay) Mc-
Donald. Born in Victoria Hospital, Salem.

Elizabeth Ann Lawrie, dau. of Thomas and Elizabeth J. (Whannell)
Lawrie.

Harriett Elizabeth Hussey, dau. of Harry F. and Lillian B. (Gamans)
Hussey. Born in Salem Hospital.

Thomas Joseph Hicks, son of Melvin Henry and Beatrice Marie (Don-
nely) Hicks.

Alice Arline Maynard, dau. of Charles A. and H. Gladys (Flanders)
Maynard.

Anita Helen LaBonte, dau. of William and Alma G. (Jepsen) LaBonte.
Born in Salem Hospital.

(141)

142

VITAL STATISTICS FOR 1921.

1921.
Mar 27.

April 6.

April 19.

April 24.

June 4.

June 22.

June 30.

Oct. 8.

Nov. 28.

MARRIAGES.

Clarence Walker Lake (Topsfield), son of William Goodrich and Mar-
garet (Walker) Lake.

Harriet M. Gallagher (Salem), dau. of Barney and Mary (Clark) Gal-
lagher. (Married in Salem.)

George Lyman Holman (Dorchester), son of George and Annie E.
(Kingsley) Holman.

Lulu Jessie Averill (Topsfield) , dau. of Ephraim Perkins and Susan
Josephine (Lake) Averill. (Married in Topsfield.)

Forrest Warren Rust (Topsfield), son of LoringA. and Mary A. C.
(Towne) Rust.

Jessie M. (Killam) Burnham (Topsfield), dau. of Frank W. and Eliza-
beth (Graves) Killam. (Married in Topsfield.)

Wilfred Lorier Van Buskirk (Topsfield), son of Fred and May (Varner)
Van Buskirk.

Helen Irwin Taylor (Topsfield), dau. of Ormond Curtis and Elizabeth
(Carnes) Taylor. (Married in Topsfield.)

Thomas Randolph Stevens (Danvers), son of Richard Henry and Cath-
erine (Maha) Stevens.

Thelma Annie Welch (Topsfield), dau. of Charles Frank and Emma
Augusta (Wallace) Welch. (Married in Danvers.)

Ernest Leonard Pace (Topsfield), son of Albert William and Ella
Maria (Perkins) Pace.

Corinne Blanche Rich (Danvers) , dau. of Edgar Bertram and Cora
Blanche (Perkins) Rich. (Married in Topsfield.)

Henry Chester Williams (Topsfield), son of Henry B. and Mary F.
(Parton) Williams.

Ursula Bailey (Topsfield), dau. of Merrill B. and Maud C. (Bailey)
Bailey. (Married in Topsfield.)

Roger Baxter Fiske (Topsfield), son of John Leonard and Bessie
Louise (Frame) Fiske.

Elsie Macdonald Bremner (Topsfield), dau. of David and Jean (Bar-
clay) Bremner. (Married in Topsfield.)

William Augustus Burgess (Topsfield), son of Fred S. and Sarah L.
(Ware), Burgess.

Caroline Bell Post (Topsfield), dau. of Harvey D. and Annie Bell
(Moody) Post (Married in Salem.)

Dwight B. Andrews (Topsfield), son of William S. and Edith M. (Mc-
Cormick) Andrews.

Annie J. MacLellan (Roxbury, Mass.), dau. of Donald and Margaret
(MacDonald) MacLellan. (Married in Boston.)

Stephen Wheatland (Topsfield), son of Richard and Mary K. (Robin-
son) Wheatland.

Dorothy Parker (Brookline, Mass.), dau. of George Stanley and Sarah
(Howe) Parker. (Married in Brookline, Mass.)

VITAL STATISTICS FOR 1921.

143

DEATHS.

1921.
Mar. 11.

Mar. 31.

Apr. 12.

Apr. 23.

June 12.

July 13.

July 18.

July 22.

Sept. 4.
Sept. 29.
Oct. 27.
Dec. 2.
Dec. 19.

Evalyn A. Longley, dau. of Stephen J. and Ann (Hodgkins) Palmer.
Aged 67 yrs., 6 mos., 19 dys.

Caroline E. Pray, widow of Ruel B. Pray and dau. of William and Sally
(Perkins) Gallup. Aged 87 yrs., 7 mos., 11 dys.

Edward H. Ferguson, son of Thomas and Hulda (Perkins) Ferguson.
Aged 86 yrs., 10 mos., 17 dys.

Titus, dau. of Arthur A. and Clara M. (Daniels) Titus. Aged

1 day. Died in Salem, Mass.

Thomas H. Fitzsimmons, son of William H. and Bessie F. (Hall) Fitz-
simmons. Aged 15 yrs., 29 dys.

Kenneth Parlin, son of Philip and Freda (Welch) Parlin. Aged 2 mos.,
27 dys.

Grace E. Elliott, dau. of Thomas E. and Violet (Towne) Elliott.

Aged 11 dys. Died in Salem, Mass.

Marion Wentworth Peirce Pentecost, wife of Ernest H. Pentecost and
dau. of Thomas W. and Catherine Cornelia (Cooke) Peirce. Aged
47 yrs., 1 mo., 19 dys.

George E. Sweeney, son of Charles and Anna H. (Lake) Sweeney.
Aged 88 yrs., 11 mos., 24 dys.

Mary J. Dodge, wife of John H. Dodge and dau. of Thomas and Mary
E. (Webber) Perkins. Aged 84 5rrs., 23 dys.

Charles Frederick Dodge, son of George W. and Mary Ann (Dodge)
Dodge. Aged 73 yrs., 8 mos., 3 dys.

Sarah Elizabeth Hooper, dau. of Ebenezer LeCraw and Elizabeth (Rus-
sell) Hooper. Aged 69 yrs., 7 mos., 10 dys.

Mary Ann Lake, widow of Henry W. Lake and dau. of Aaron P. and
Elizabeth (Phillips) Kneeland. Aged 81 yrs., 6 mos., 22 dys.

DEATHS IN OTHER PLACES— INTERMENT IN TOPSFIELD

1921.

Mar. 2. Clarence W. Clapp, died in Danvers, Mass. Aged 67 yrs.

Mar. 13. Mary A. Bennett, died in Lynn, Mass. Aged 69 yrs.

Mar. 26. Marks, died in Melrose, Mass. Stillborn.

May 29. Lester C. Castle, died in Lynn, Mass. Aged 21 5iTS., 25 dys.

June 27. T. Dwight Billings, died in Lynn, Mass. Aged 77 yrs., 9 mos., 10 dys.
July 18. Grace E. Elliott, died in Salem, Mass. Aged 11 dys.

Sept. 5. Harriet M. Chapman, died in Amesbury, Mass. Aged 87 yrs., 7 mos.,
13 dys.

Sept. 14. Althea O. Wildes, died in Hamilton, Mass. Aged 74 yrs., 8 mos., 1 dy.
Oct. 22. Susan J. Averill, died in Boston, Mass. Aged 83 yrs., 4 mos., 22 dys.
Oct. 26. Ruth G. Phillips, died in Lawrence, Mass. Aged 81 5TS., 3 mos., 22 dys.
Oct. 29. Henry G. Merriam, died in Haverhill, Mass. Aged 65 yrs., 10 mos.,
Oct. 30. George L. Gould, died in Malden, Mass. Aged 69 jrs., 8 mos., 24 dys.
Dec. 25. William E. Poor, died in Georgetown, Mass. Aged 72 yrs., 2 mos., 12
dys.

144

CHRONOLOGY OF EVENTS IN 1921.

April
Sept. 12.

Sept. 23-24.
November

Nov. 27.

Rev. Julian S. Rea of Weymouth, appointed to the pastorate of the
Methodist Episcopal Church.

Largely attended town meeting votes to indemnify the State
against all claims for land damages in connection with the re-
construction of the Turnpike through Topsfield.

Annual Cattle Show and Fair visited by about 20,000 persons.
Horse racing on the new race track.

Monument erected on the Common "In Honor of the Men and
Women of Topsfield who helped restore Peace to a World at
War, 1914-1919.”

Severe ice storm ; roads blocked by fallen trees; electric lights and
telephones out of commission for over a week.

BUILDINGS CONSTRUCTED DURING THE YEAR 1921.

Ovide Bouchard, Central St., barn and garage.

Miss Margaret Cummings, River St., gardner’s house.

Wellington Donaldson, Park St., garage.

E. Everett Ferguson, High St., garage.

Essex Agricultural Society, Turnpike, exhibition hall.

Lake-Elliott house. North Main St., house remodelled, roof changed.

John L. Saltonstall, farmhouse. River St., barn and outbuildings.

Edward Wigglesworth, Cross St., farmhouse remodelled, bam and outbuildings
erected.

Sargent H. Wellman, Wenham St., garage, house interior remodelled.

Bradley W. Palmer, Ipswich St., Hoyt house burned.

)

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